5th degree assault
On dec 2003 I was convicted of 5th degree domestic assault. But on the court records it shows MN statues 609.224 5th degree assault not 609.2242 domestic assault. in this case could i be able to expunge this from my record?
Re: 5th degree assault
This is a complicated area of law, making a simple (short) answer next to impossible -- as to expungement. Suffice it to say that under current law expungment under Minnesota Statutes Chapter 609A, the best kind of expungement, that relief is not avaialbe to anyone who pled guilty to any crime, unless it was a juvenile certified as an adult or certain first time drug "crimes." As a result, it would make no difference, for purposes of expungment analysis, whether the conviction was for Assault 5th Degree or misdmeanor domestic assault.
As far as "could I expunge this?" -- it is complex. You would need to discuss this with a criminal defense lawyer like me, but suffice it to say for now that in some situations, certain types of expungment relief may be possible to get, but these might not be helpful, or get the results a person would normally be seeking. Hopefully the laws will be changed and made more fair one day.
Re: 5th degree assault
This is a complicated area of law, making a simple (short) answer next to impossible -- as to expungement. Suffice it to say that under current law expungment under Minnesota Statutes Chapter 609A, the best kind of expungement, that relief is not avaialbe to anyone who pled guilty to any crime, unless it was a juvenile certified as an adult or certain first time drug "crimes." As a result, it would make no difference, for purposes of expungment analysis, whether the conviction was for Assault 5th Degree or misdmeanor domestic assault.
As far as "could I expunge this?" -- it is complex. You would need to discuss this with a criminal defense lawyer like me, but suffice it to say for now that in some situations, certain types of expungment relief may be possible to get, but these might not be helpful, or get the results a person would normally be seeking. Hopefully the laws will be changed and made more fair one day.
