Legal Question in Aviation Law in Minnesota

petty misdemeanors

I got pot posession ticket just shy of 10 years ago that resulted in a small fine to be mailed in. I was not arrested. I am now applying for a position in the FAA and have to answer if I have been convicted in the past 10 years but to omit it if: ''...the record was expunged under Federal or state law.'' I was under the impression that petty misdemeanors were expunged from official records after a period of five years with no further offenses, which is the case. Do I answer yes to be honest as possible, or can I answer no? I don't know if a record of this even exists any longer, if it does I have to be honest and tell them everything. If not I need to be sure it has disappeared.


Asked on 9/30/07, 11:48 am

2 Answers from Attorneys
J D Haas

Re: petty misdemeanors

Your question is one relating to criminal law, and I do not practice in the area of criminal law. My understanding as an attorney who does not practice in criminal law is that misdemeanors are not expunged unless you take action to have them expunged. I suggest you send this question to criminal lawyers in MN. I am sorry that I could not help you further.

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Answered on 10/01/07, 10:34 am
Greg Reigel Reigel Law Firm, Ltd./Aero Legal Services

Re: petty misdemeanors

In Minnesota, a petty misdemeanor is not a crime and does not result in a conviction. However, petty misdemeanors are not expunged as a matter of course, so it would still be on your record, similar to a speeding ticket. As far as how you should answer, I would need to see the question and be retained by you before I could give you legal advice on how to answer. Hope this information helps.

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Answered on 10/01/07, 4:37 pm


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