A CWOF — Continuance Without a Finding — is one of the most valuable outcomes available in Massachusetts criminal cases. It allows a defendant to resolve their case without a criminal conviction, even when the prosecution has strong evidence. Understanding how CWOFs work could change the outcome of your case.
How a CWOF Works in Massachusetts
In a CWOF, the defendant admits to "sufficient facts" — acknowledging the prosecution could prove the case — but the judge does not enter a finding of guilty. Instead, the judge continues (postpones) the case for a probation period, typically 6 months to 2 years. If you complete probation successfully, the case is dismissed with no conviction on your criminal record.
CWOF vs. Guilty Plea — The Critical Difference
- Creates a permanent conviction
- Appears as "guilty" on CORI
- Cannot be sealed for many years
- Affects employment, housing, licenses
- May trigger mandatory minimums
- No conviction entered
- Appears as "dismissed" after probation
- Can be sealed sooner
- Limited impact on employment
- No mandatory minimum triggered
What Charges Can Qualify for a CWOF in Massachusetts?
CWOFs are available for most misdemeanor and many felony charges in Massachusetts, including first-offense OUI (24D program), assault and battery, drug possession, domestic violence (first offense), restraining order violations, traffic offenses, and many white collar charges. CWOFs are generally not available for the most serious violent felonies or sex offenses.
Does a CWOF Show on a Background Check in Massachusetts?
A CWOF does appear on your Massachusetts CORI (Criminal Offender Record Information) during the probation period and for a period after. However, it shows as "continued without a finding" or "dismissed" — not as a conviction. Most employers conducting standard background checks see it as a dismissed case. After the sealing waiting period, it becomes inaccessible to most employers entirely.
How Attorney Clifford Pursues CWOFs for Massachusetts Clients
Not every prosecutor offers a CWOF voluntarily. Attorney Clifford negotiates aggressively with prosecutors and argues at the probation hearing for CWOF dispositions for eligible clients across all 14 Massachusetts counties. The earlier an attorney is involved, the stronger the negotiating position for a CWOF outcome.
Frequently Asked Questions — CWOF in Massachusetts
No. A not-guilty verdict means the prosecution failed to prove its case. A CWOF means you admitted sufficient facts but avoided a conviction through a probation agreement. Both result in no conviction, but through different paths.
For some charges — like first-offense OUI — the CWOF or 24D option is limited to once in a lifetime. For other charges, repeat CWOF eligibility depends on the nature of the offense and prosecutorial discretion.
If you violate probation during a CWOF period, the judge can enter a finding of guilty — converting your CWOF into a conviction. This is why successfully completing the probation terms is essential.
A CWOF remains on your CORI during probation and for 3 years after for misdemeanors and 7 years for felonies before you can petition to seal it. Attorney Clifford advises clients on the full timeline from the start.
Frequently Asked Questions
No. A not-guilty verdict means the prosecution failed to prove its case. A CWOF means you admitted sufficient facts but avoided a conviction through probation. Both result in no conviction.
For first-offense OUI, the 24D/CWOF option is limited to once. For other charges, repeat eligibility depends on the offense and prosecutorial discretion.
The judge can enter a finding of guilty — converting your CWOF into a conviction. Successfully completing all probation terms is essential.
A CWOF remains on your CORI during probation and for 3 years after (misdemeanors) or 7 years (felonies) before you can petition to seal it.