Legal Question in Criminal Law in Minnesota
expungement
I was arrested 5 years ago on a possesion of meth and dwi and the agreement with the court was this would be expunged from my record and it is still there, also is it possible for the public to retain any information or copys of this charge
1 Answer from Attorneys
Re: expungement
You can go to the courthouse where this was handled, and get a copy of the computer summaries of what happened, as well as copies of documents in the court's paper file.
I've never heard of a DWI conviction being expunged.
Some first time controlled substance charges are resolved under Minn Statute Sec 152.18 stay of adjudication, where the conviction is vacated and the charge dismissed (no conviction) after successful completion of probation. Though eligible for expungement after such a disposition, the defendant would have to affirmatively bring an expungement motion to the court. If you haven't done that, it's unlikely it has happened on its own.
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