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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101551
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a person success complete a CWOF in 2005 and charges were

Customer Question

If a person success complete a CWOF in 2005 and charges were dismissed, do they still have provide a DNA test today?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

Could who be forced to take a DNA test - the defendant? In what kind of circumstance? Who is asking?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
It's my brother (the defendant), and he was charged with Larceny for 30 dollars I believe. He was giving a continuance without a finding and recieved probation for a year. At the conclusion of his probation, his charges were dismissed. This situation occurred in Massachusetts in 2005. He is now doing well in Texas and working HVAC technician. Recently he received a letter from state police compelling him to come to Massachusetts and provide a DNA sample and referenced state law, which stated that "individuals convicted of a felony have to provide DNA sample." He currently has a government contract, and his background check is clean and is afraid that supply his DNA will negatively affect his career prospects. My question is if you have completed a CWOF and charges were dismissed, do you still have submit a DNA sample, which is based on a defendant having a felony?
Customer: replied 1 year ago.
Thank you for your help, Ely!
Customer: replied 1 year ago.
Mass State Law Chapter 22 E section 11 is the law that was referenced.
Expert:  Ely replied 1 year ago.

Thank you.

Expert:  Ely replied 1 year ago.

One second, please.

Expert:  Ely replied 1 year ago.

I am going to be honest, I cannot be certain here.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it. Also, please do not rate - save this for the expert who provides an answer.

My apologies for any inconvenience and good luck...

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