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COMMONWEALTH v. GAVIN G., A JUVENILE

437 Mass. 470 (2002)

COMMONWEALTH v. GAVIN G., a juvenile.

Supreme Judicial Court of Massachusetts, Essex.

August 12, 2002.

Attorney(s) appearing for the Case

James J. Arguin, Assistant Attorney General, for the Commonwealth.

Barbara Kaban for the juvenile.

Lisa Thurau-Gray, for Juvenile Justice Center of Suffolk University Law School, amicus curiae, submitted a brief.

Andrew Polk, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present (Sitting at Barnstable): MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

The Commissioner of Probation (commissioner) appeals from an order of a judge in the Juvenile Court allowing the juvenile's motion to expunge his police and probation records pertaining to charges that were dismissed for lack of prosecution. We conclude that Juvenile Court judges lack the authority to order the expungement of probation records, and therefore reverse the order of expungement with respect to those...

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