If you are arrested for a crime that involves abuse of a current or former romantic partner (often referred to as a “family or household member“), notice of the alleged offense will likely get reported to the state’s “domestic violence record keeping system” pursuant to M.G.L. c. 276, Sec. 56A.
According to that statute, the judge at your arraignment must ask the prosecutor if abuse (as defined in M.G.L. c. 209A, Sec. 1) is alleged. If it is, the prosecutor will file a “56A report” with the court. The judge will then make a written ruling that abuse is in fact being alleged and that ruling will be indexed in the state’s record system.
The judge’s written ruling cannot be used against you during subsequent court proceedings. Additionally, the state’s record of the judge’s ruling will not become part of your criminal record and the ruling cannot be viewed by the public.
If you are acquitted of the charge(s) the 56A ruling will be removed from the state’s index. Additionally, if your case is dismissed due to a lack of probable cause, the incident will likewise be removed. A unilateral dismissal by the prosecutor is not enough, however, to have the information erased from the state’s records.
Law Office of Justin R. McCarthy 