How to Get a Dropped, False Criminal Complaint Expunged
My question involves criminal records for the state of: MA
A classmate and former housemate filed a false criminal complaint against me when I was out of town on vacation. The complaint was actually about an incident in which he committed a criminal action against me (he was physically and sexually assaulting me). He had also committed multiple criminal actions against me over the past few months including multiple incidents of rape, sexual assaults, and making physical threats. When I returned from my vacation, I went to the police station to make a report of what he had done to me but the police officer informed me that a warrant had been issued for my arrest and put me in jail and even after I was bailed out, she refused to let me make any reports about what my classmate had done to me. She let me out of the police station and when I requested to make a report, she told me to "tell the judge" instead. I eventually went back to make a police report about the incident with a detective but did not press charges considering the fact that I was on a pending criminal charge for the same incident. However, I got a restraining order for myself.
On the pre-trial conference, my classmate's lawyer pledged 5th amendment for him and the charge was then dropped without prejudice. However, my defense lawyer told me that my arrest will stay on my criminal record for 5 years before I can seal it. And there is no way to have it expunged anymore under the new regulation? Is that correct that I have to carry an arrest history for resisting being sexually assaulted and there is no way to have this arrest being expunged?
My other question is that his lawyer said that he was only willing to drop the charge if I agree to drop the restraining order and pay him a specified amount of money for some damages he suffered (his reasoning is that he had previously booked and paid for a hotel room but I refused to meet him or go to this hotel so I must compensate for the money he wasted), and my defense lawyer recommended that I accept these conditions in order to get out of the criminal charge, so I did. But what I don't understand is that why did I need to accept these unfair conditions if he needs to pledge 5th amendments anyway? If I didn't accept these conditions, would he not have to pledge 5th amendment? I don't understand.
Re: How to Get a Dropped, False Criminal Complaint Expunged
See MGL c. 276, s.100A.
You chose to accept the "unfair conditions" in order to get the charge dropped. You could have taken your chances at trial.