COMMONWEALTH v. ROBERTS


39 Mass. App. Ct. 355 (1995)

COMMONWEALTH vs. ALBERT ROBERTS.

Appeals Court of Massachusetts, Suffolk.

October 30, 1995.


Attorney(s) appearing for the Case

Ellyn H. Lazar, Assistant Attorney General, for the Commonwealth.

William Talley, Jr., for the defendant.

Present: BROWN, KASS, & GREENBERG, JJ.


KASS, J.

Having determined not to prosecute further a charge of disorderly conduct against the defendant, Roberts, the government moved to dismiss the charge, and it was dismissed. Thereupon, Roberts moved to expunge the record of his arrest. That motion, over the opposition of the Commonwealth (acting at the behest of the department of probation and the Boston police department), was allowed by a judge of the District Court. The position pressed on appeal by the...

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