Motions to Vacate and Criminal Record Sealing
Commonwealth v. A.W. – West Roxbury District Court
ASSAULT and BATTERY: DISMISSED / SEALED
Boston Police responded to a domestic disturbance in which the alleged victim reported that her boyfriend (Defendant) had punched her in the face and that he had possession of two firearms and a rifle. The alleged victim stated that the Defendant suffers from depression and had been drinking heavily all day. The alleged victim stated that the Defendant threatened her by saying, “If you don’t get out of the house I am going to shoot you” and the Defendant then punched her in the face. She then ran out of the house and called 911. Attorney Gerald J. Noonan successfully dismissed the case and sealed the criminal charge from his client’s record. This was a considerable victory given that the Defendant had no prior criminal record. He was educated in England and worked in the financial industry for years. The Defendant was seeking new employment in the financial field and the presence of the Assault and Battery charge on his record would have seriously prejudiced him getting hired.
Result: Attorney Gerald J. Noonan gets domestic violence charge dismissed outright and permanently sealed against financial advisor.
Commonwealth v. J.P. – Taunton District Court
LARCENY: DISMISSED / RECORD SEALED
Client, 57-year-old teacher’s aide, was arrested and charged with Larceny over $250 (felony) in connection with an alleged incident in which she exited Home Goods with a shopping carriage with $667.00 worth of merchandise without paying. After the client was arraigned on the felony offense, she retained Attorney Patrick J. Noonan. At the first court date, Attorney Patrick J. Noonan obtained an agreement with the Commonwealth that his client will be placed on Pretrial Probation for 5 months until 09/01/14 at which point the felony charge will be dismissed. On September 1, 2014, the criminal charge was dismissed.
Result: Attorney Patrick J. Noonan permanently seals criminal charge on school teacher’s record.
Commonwealth v. K.M. – Attleboro District Court
DRUG OFFENSE: DISMISSED & SEALED FROM RECORD
Client, 22 year-old nursing student, was pulled over for a series of motor vehicle infractions. The officer immediately detected a strong odor of fresh marijuana emanating from the vehicle. Officers searched the vehicle and found a small bag of marijuana in the cubbyhole of the passenger side door. The front seat passenger was issued a citation for possession of marijuana less than one ounce. Officers searched the Defendant’s purse and recovered Percocet. Client was charged with Possession of Class B Substance (Percocet). She was applying for nursing positions at hospitals. After arraignment on the drug charge, client retained Attorney Patrick J. Noonan.
Result: Attorney Patrick J. Noonan dismisses criminal charge outright and permanently seals the drug charge from his client’s record.
Commonwealth v. J.C. – Salem District Court
ASSAULT & BATTERY: NOLLE PROSS and RECORD SEALED
Client, 19-year-old Military Police Officer with no criminal record, was arrested and charged with Assault and Battery stemming from an allegation that he pushed and threw his girlfriend during a heated argument. After his arraignment, client retained Attorney Patrick J. Noonan. Prior to trial, Attorney Patrick J. Noonan informed the Commonwealth that his cross-examination of the alleged victim would incriminate her because she committed several crimes during the night of the alleged incident, including Assault and Battery, Malicious Destruction of Property, and others. At trial, the alleged victim opted not to testify. The Commonwealth nolle prossed the charge at trial. Attorney Patrick J. Noonan then filed a Motion to Seal the Assault and Battery charge from his client’s record arguing that the unsealed criminal charge would pose a specific harm to his client, as he is aspiring to become a Corrections Officer.
Result: Attorney Patrick J. Noonan dismisses the case outright and the Assault & Battery charge is permanently sealed from the client’s record.
Commonwealth v. B.M. – Attleboro District Court
DRUG POSSESSION: CRIMINAL RECORD SEALED
Client, 40 year-old physician’s assistant, was charged with Possession of Class B Substance (cocaine) stemming from an arrest at a Comcast Center. After the Defendant’s case was dismissed, Attorney Patrick J. Noonan filed a Petition to Seal his client’s criminal record, arguing that substantial justice required sealing of his client’s criminal record, as he is gainfully employed as a physician’s assistant and the effect of the charge would cause him to lose his license as a physician’s assistant.
Result: Attorney Patrick J. Noonan gets drug charge permanently sealed on Physician Assistant’s record.
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