Massachusetts Supreme Judicial Court March 25, 2010, SJC-10443 (Commonwealth v. Boe)

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

*338

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.