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COMMONWEALTH v. BOE

SJC-10443.

456 Mass. 337 (2010)

COMMONWEALTH v. TINA BOE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 25, 2010.

Attorney(s) appearing for the Case

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

Jonathan P. Harwell for the defendant.

Pauline Quirion for Union of Minority Neighborhoods, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

In this case we are asked to decide whether a judge has the authority to order the Commissioner of Probation (commissioner) to expunge a defendant's record where the criminal complaint was dismissed because its issuance was premised on a mistake. We conclude that a judge does not have such authority, but the judge may order that such a defendant's record be sealed pursuant to G. L. c. 276, § 100C.

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