Ex-Caroline coach still has charges on record
Although two felony charges against a former Caroline High School football coach were dropped more than a year ago, the fact that he was charged will stay on his record, a judge ruled yesterday.
Benjamin E. Boyd, 55, appeared in Caroline County Circuit Court yesterday in an attempt to have forgery and uttering charges expunged from his record.
His attorney, Hilary Griffith, argued that the charges being on his record are causing a hardship because it comes up in employment background checks and conversations.
She said that his current job as a teacher and coach at an unspecified location means that he travels from school to school and to different leagues, and that the felonies, although dropped, appear as a negative mark on his record.
She said that since it has been more than a year since the charges were dropped and he is no longer employed in Caroline County, that the charges should be expunged from his record.
“He’s trying to be gainfully employed and not be a burden to anyone else,” she said.
Commonwealth’s Attorney Tony Spencer argued that the charges must not have been too much of a hardship because Boyd was able to get a job. He also stated that because a charge isn’t prosecuted doesn’t mean not guilty.
“When he put ‘no’ on the Caroline application, he got away with that,” Spencer said. “We didn’t think we could prove to a jury the necessary intent without the prior applications.”
Boyd had been charged with forging a public document involving his employment application to Caroline County Public Schools. More specifically, he was accused of not disclosing a 1991 federal misdemeanor conviction for misbranding and illegally dispensing anabolic steroids.
But Judge Horace A. Revercomb III ruled during a December 2009 pretrial hearing that he would not allow evidence of prior employment applications submitted by Boyd. The decision reversed an earlier decision the judge made, allowing them as evidence.
Yesterday, Judge Joseph J. Ellis said he would have made the same ruling as Revercomb on allowing the prior applications, but he denied the motion to have the charges expunged.
Boyd declined comment after the civil court hearing yesterday.
Portsia Smith: 540/374-5419