Case Results – Record Sealing

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March 8, 2017
Commonwealth v. L.A.
Brockton District Court


Client is a 70 year-old accountant, grandmother, and former drug-addict who had an old felony conviction from 1984 for smuggling drugs into a prison. The client had turned her life around but was always haunted by her past. Back in the 1980s, client had a terrible drug addiction. In 1984, she was arrested for attempting to smuggle cocaine into a prison for an inmate. She was convicted of the serious felony offense of Giving a Prisoner a Controlled Substance. That was the last time the client ever had any involvement with police or the court system. She committed herself to treatment and lived a life of sobriety ever since. She went back to school and earned a degree in Accounting and graduated at the top of her class with Highest Honors. She has been employed as an Accountant for over 30 years and has held the same job for nearly 15 years. Despite the remarkable turnaround in her life, she was always haunted by her old felony conviction, which was a constant reminder of her past. She petitioned the Commissioner of Probation in Boston to seal the felony conviction from her record. Regrettably, she was informed that the conviction was non-sealable because it was a Crime against the Public Justice. Her only hope was to have the felony conviction vacated, which she believed was impossible. Other attorneys told her that convincing a judge to vacate a conviction for this charge would be very difficult. In a leap of faith, she contacted Attorney Patrick J. Noonan who agreed to take on the case.

Result: Attorney Patrick J. Noonan made a compelling argument to a Judge of the Brockton District Court to vacate his client’s felony conviction. In a rare case, the Judge entered an order and vacated a conviction for a Crime against the Public Justice. With the conviction vacated, the Commissioner of Probation agreed to seal the charge from the client’s record.

September 22, 2016
Commonwealth v. L.Z.
Stoughton District Court


Client was in a tumultuous relationship with a man who had been cheating on her with several other women. Client’s ex-boyfriend obtained a Harassment Prevention Order (restraining order) against her. The client did not retain an attorney nor contest the restraining order. On the day she was served with the restraining order, the client admitted to police that she violated it by making a phone call to her ex-boyfriend’s current girlfriend. As a result, client was charged with Violation of a Harassment Prevention Order. The client was given a disposition known as Pretrial Probation and her case was dismissed after six months. After her criminal case was dismissed, client retained Attorney Patrick J. Noonan to seal her criminal record. The client was a 52 year-old woman with no other criminal record. She was a Registered Nurse and worked as a Staff Nurse for Children’s Hospital for 30 years. She was named runner-up by the Boston Globe for Nurse of the Year. She made a terminal ill child’s dream of speaking to Ellen DeGeneres come true. When her criminal case was pending, the client left Children’s Hospital. After her criminal case was dismissed, the client applied for over 100 jobs in the nursing field without any success. It was clear that the client’s criminal record was preventing her from getting a job in the nursing field even though she was highly qualified and had a stellar work history. Attorney Noonan filed a Motion to Seal the Client’s Criminal Record pursuant to G.L. c. 276, §100C.

Result: After a hearing in which Attorney Patrick J. Noonan presented compelling evidence, the judge issued an order sealing the client’s criminal record.

November 28, 2014                                        
Commonwealth v. R.W.
Wrentham District Court


Client, 32-year-old financial consultant, with no criminal record was arrested and charged with Possession of Class A Heroin (two counts). Police were conducting surveillance in a high-crime area and observed a known drug dealer and a known drug user engage in a hand-to-hand transaction. Police then stopped Defendant’s motor vehicle and discovered heroin (Class A). Attorney Patrick J. Noonan filed a Motion Requesting Assignment to a Drug Treatment Facility pursuant to Chapter 111E. The prosecutor objected. Attorney Patrick J. Noonan presented evidence establishing Defendant’s drug dependency. Attorney Noonan presented a treatment plan to the court, which included the client’s enrollment in an outpatient program where he will be treated by a psychiatrist and a substance abuse counselor. The judge adopted Attorney Noonan’s treatment plan.

Result: Defendant’s case was dismissed upon his successful completion of drug treatment, and the drug charges were permanently sealed from the Defendant’s record. 

June 4, 2014
Commonwealth v. A.W.
West Roxbury District Court


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.

March 28, 2014                                    
Commonwealth v. J.P.
Taunton District Court


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.  

January 10, 2014                                    
Commonwealth v. K.M. 
Attleboro District Court


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.  

November 21, 2013                                    
Commonwealth v. J.C.
Salem District Court


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.  

February 27, 2012                                     
Commonwealth v. B.M.
Attleboro District Court


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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