Legal Question in Criminal Law in Minnesota

fleeing and eluding

i was convicted of fleeing a police officer 4th degree in 1979. I remember this as a misdomeanor. now it is on my record as a felony. what can I do?


Asked on 4/01/09, 10:19 am

3 Answers from Attorneys

William Morrison Action Defense Center

Re: fleeing and eluding

You may have it expunged from your record if you wish, provided that it is the only crime on your record.

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Answered on 4/01/09, 1:22 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: fleeing and eluding

Though I have not checked, my recollection is that back then "Fleeing Police" crimes were all "in a motor vehicle" and were all felony charges (this has changed since). See Minnesota Statutes section 609.487, subd. 3. Even so, under Minnesota Statutes section 609.13, subd. 1, in certain circumstances a conviction may be deemed a gross misdemeanor or simple misdemeanor, even if the the charge was a felony, depending upon the sentence the judge imposed (with some exceptions, such as rights relating to firearms).

What can you do? You can read those statutes (above) via the internet or law library. You can look at your court file to see what sentence was imposed by the judge. Then you can detemrine whether the conviction should be deemed less than a felony conviction by operation of law.

http://www.liberty-lawyer.com

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Answered on 4/01/09, 4:12 pm

Re: fleeing and eluding

You should read about the options to try to clear your records. If you qualify, we can assist you with an expungement request. Read more about an expungement and the requirements at:

www.AggressiveCriminalDefense.com

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Answered on 4/01/09, 10:53 am


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