Continuance Without a Finding (CWOF)

What a CWOF actually is

A continuance without a finding — a CWOF — is a disposition in which the court does not enter a guilty finding, but continues the case to a specific date, on conditions, at which point it is dismissed. G.L. c. 278, § 18 expressly contemplates a dispositional request "that a guilty finding not be entered, but rather the case be continued without a finding to a specific date thereupon to be dismissed." Under the official District Court sentencing bench book, § 18 permits this even over the Commonwealth's objection.

Getting there requires something people often do not appreciate they are doing. Under Mass. R. Crim. P. 12, a defendant in the District Court may, after pleading not guilty, admit to sufficient facts to warrant a finding of guilty. That admission is what makes a CWOF possible. Section 18 provides that such an admission is deemed a tender of a plea of guilty, and a full plea colloquy is conducted — including the defendant admitting the elements of the offense.

Is a CWOF a conviction?

The honest answer is that it depends entirely on who is asking, and the differences are consequential enough that they deserve separating.

For Massachusetts criminal law: no. A successfully completed CWOF ends in a dismissal. It is a pretrial disposition, and you were not convicted.

For federal immigration purposes: ordinarily yes. This is the single most important thing on this page. 8 U.S.C. § 1101(a)(48)(A) defines a conviction to include a case where adjudication of guilt has been withheld, if the person has admitted sufficient facts to warrant a finding of guilt and the judge has ordered some form of punishment, penalty, or restraint on liberty. A CWOF has both elements by design. The Committee for Public Counsel Services' immigration guidance states that the federal definition supports the Department of Homeland Security's position that a Massachusetts CWOF is a conviction for immigration purposes. The immigration advisory built into Mass. R. Crim. P. 12 warns of exactly this.

For counting prior OUI offenses: yes, unambiguously. G.L. c. 90, § 24(1)(d) provides that a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere, or admits to a finding of sufficient facts, or was found guilty — whether or not he was placed on probation without sentence, under a suspended sentence, or the case was placed on file. Assignment to an alcohol education program under § 24D counts too. A CWOF on a first OUI makes the next one a second offense.

What happens afterward

Complete the conditions and the case is dismissed. That dismissal is real, and it is the reason a CWOF is worth having where a conviction is the alternative.

Fail them and the consequence is set out in the rules governing probation violation proceedings: on a finding of violation the court may enter a guilty finding and impose a sentence, or alter the conditions of probation. The admission you already made is sitting there; there is nothing left to litigate on the merits.

The record does not disappear on its own. A dismissed case still appears until it is sealed, and because a completed CWOF ends in a dismissal rather than an acquittal, it falls into the discretionary track for sealing rather than the automatic one. That distinction is explained on the record sealing page.

Common questions

Sources

Every legal statement on this page traces to one of the following. Massachusetts law changes; where a point is contested or recently decided, that is noted in the text above.

• G.L. c. 278, § 18 — Continuance without a finding
• Mass. R. Crim. P. 12 — Pleas and plea agreements
• G.L. c. 90, § 24 — OUI; counting prior offenses
• 8 U.S.C. § 1101(a)(48)(A) — Federal definition of “conviction”
• BMC and District Court Sentencing Bench Book
• CPCS Immigration Impact Unit guide

Written by Michael G. Cashman, Esq., 31 years in Massachusetts criminal courtrooms as both a defense attorney and a prosecutor. Full background and credentials. Last reviewed 2026-09-18.

This page is general information about Massachusetts law. It is not legal advice, it does not create an attorney-client relationship, and no outcome is promised or implied. Every case turns on its own facts.