Can You Get a CWOF for a Felony in Massachusetts?

A Continuance Without a Finding (CWOF) is usually associated with misdemeanors, but it’s also possible—though less common—for many felonies in Massachusetts.

Whether you’re eligible depends on the charge, your record, and the court’s willingness to agree to it. Some felonies are too serious for a CWOF, especially those involving violence, firearms, or mandatory minimums. But for low-level felonies like larceny over $1,200 or certain drug crimes, a CWOF might be on the table.

Getting a CWOF means the case will be dismissed if you complete probation without violating the conditions. That helps you avoid a guilty finding, jail time, and possibly a conviction on your record.

But it’s not always the best option. A CWOF still appears on your CORI and can have immigration consequences. I’ve negotiated CWOFs for felony clients where it made sense—and pushed for outright dismissals or diversion programs when it didn’t.

Before you accept any deal, make sure you know what it really means. A CWOF can be a break—or a trap.