Commonwealth v. Moe
974 N.E.2d 619
Mass.2012Background
- Benzan falsely claimed to the police that the defendant assault occurred with a gun to extort money.
- Police detectives pursued the case; the prosecutor filed a criminal complaint for assault with a dangerous weapon.
- Benzan later admitted to deceiving the police; the prosecutor filed a nolle prosequi due to lack of justice to prosecute.
- The defendant moved to expunge his criminal records, arguing equity and fraud on the court; the trial judge denied, citing Boe and § 100C.
- The Commonwealth and probation opposed expungement; the court determined § 100C seals, not expunges, as the remedy.
- This appeal followed, seeking expungement of court, probation, and police records; the court affirmed denial and suggested sealing as remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 100C bar expungement when nol pressed? | Boe governs; sealing is sole remedy. | Fraud on the court could support expungement. | Statute controls; expungement not available. |
| Can a court grant expungement for fraud on the court when the record was created by police error or deceit? | Boe exception for fraud on court allows expungement. | There was fraud on the court here sufficiently strong to warrant expungement. | No; fraud on the court requirement not met; records reflect underlying facts; Boe controls. |
| Whether Boe aligns with this case given the alleged fraud on the court by Benzan? | Boe fact pattern is similar; expungement possible. | Boe is controlling and distinguishable; no expungement. | Boe controls; no equitable expungement here. |
Key Cases Cited
- Commonwealth v. Boe, 456 Mass. 337 (Mass. 2010) (courts lack power to expunge where § 100C sealing applies, with narrow fraud-on-court exception)
- Commonwealth v. Gavin G., 437 Mass. 470 (Mass. 2002) (juvenile records sealing; no expungement due to statutory scheme)
- S.M.F., 40 Mass. App. Ct. 42 (Mass. App. Ct. 1996) (fraud on court; records may be expunged in rare cases involving impostor)
- Commissioner of Probation v. Adams, 65 Mass. App. Ct. 725 (Mass. App. Ct. 2006) (fraud-on-court in civil protections context; discussed limits of expungement)
- Commonwealth v. Roberts, 39 Mass. App. Ct. 355 (Mass. App. Ct. 1995) (sealing vs expungement; records confidentiality framework)