Legal Question in Criminal Law in Minnesota
Statutory expungement under 299C.11
I was arrested for 2nd Degree Assault in 2004 in Anoka County. I was in jail for less than a day and all charges were dropped; no charges came of that incident or arrest. I have a question about the ten year timeframe required in 299C.11. Where it says, ��within the period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person��
Does that mean ten years proceeding the incident in question, ie for ten years proceeding 2004? Or does that mean ten years proceeding the most recent criminal proceeding? It would matter because I had no gross misdemeanor or felony convictions during the ten years proceeding that 2004 arrest (and none since) but I am currently charged with a gross misdemeanor, which I will plead guilty to via a plea agreement in less than two weeks. So I am wondering if my current pending charges negate my ability to seek the return of prints, data etc for the 2004 arrest.
Any help would be greatly appreciated. Thank you.
2 Answers from Attorneys
Re: Statutory expungement under 299C.11
It means the ten years immediately preceeding legal proceedings for the incident in question.
Re: Statutory expungement under 299C.11
It appears to require no convictions for the period preceding the arrest and charge in question.
FFI: http://www.liberty-lawyer.com
http://www.liberty-lawyer.com/expungement.html
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