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  1. #1
    Join Date
    Aug 2019
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    Minnesota
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    Default Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on You

    My question involves criminal records for the state of: Minnesota
    I have an expunged misdemeanor for reckless assault. I plead guilty as part of plea bargaining.
    When pulled over by law enforcement for traffic infraction, when they run your drivers license through their system, would this show up?

  2. #2
    Join Date
    Sep 2010
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    19,421

    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    Minnesota conviction expungements do not hide the records from law enforcement.

  3. #3
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    Aug 2019
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    Minnesota
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    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    Thanks for response. I know when they pull you over and run your drivers license through their system, they are verifying your address on drivers license, if there are warrants out on you, etc. But, would criminal convictions, either active records or expunged, show up, or would they need to follow a process that would present them with further information? In essence, would the convictions immediately be a part of the necessary verification info that automatically comes up for getting pulled over for routine traffic violations, etc?

  4. #4
    Join Date
    Sep 2010
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    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    It depends on the system they are using. In some places, criminal history does indeed come up.
    There's no limitation on "necessary verification" information. Back before computers, the information for practical communications purposes was limited to immediate concerns (warrants and the like). Now that they've got the internet on computers, more information is available. Got to sit in the local sheriff's car once and play with his system.

    Note that your plea bargain was still you making a factually based, informed, voluntary admission of your guilt.

    What exactly are your concerns here? There's probably less abuse here than regularly meted out on the basis of information where people haven't committed crimes (for instance, just having concealed carry permits).

  5. #5
    Join Date
    Aug 2019
    Location
    Minnesota
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    15

    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    The original charge was a 4th degree felony. I rejected 4 of the plea bargaining offers. At the time I wasn't about to plead guilty to something I didn't do. Long story short, I requested a trial with no jury. The so called witnesses didn't show up to the trial and prosecutor agreed to reduce this to a misdemeanor. Had I refused to accept it, there would've been a re-trial for the felony.
    With police officers more and more experiencing violence or potential violence from those they must approach for violations, etc., it concerns me that if a record such as one of my nature, reckless assault, immediately shows up as part of the background check they use to run my license through, could that change their attitude and disposition to me?

  6. #6
    Join Date
    Sep 2010
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    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    So what if it does? Convicted criminals aren't a protected class (at least not in your state).

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,652

    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    From my understanding of the exspungment process, a police officer should not and can not see the expunged record. The only agency's that can see it are, FBI, prosecutors offices and all courts. A detective from a police or sheriffs department can't see it ether. The only way that detective can see the record is if they do an investigation on you and run you threw the FBI or prosecutors office.

    If the police can see it, it is because the FBI did not remove your charge from their system (NCIC). The FBI does not have to comply with a request that your record be exspunged. Sometimes they honor the request, most times they don't. Nothing you can do about that.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
    Join Date
    Aug 2019
    Location
    Minnesota
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    Default Re: Expunged Misdemeanor: Can Cops See It when They Pull You Over and Run a Check on

    A belated thanks for your response! It is also my understanding that an expunged misdemeanor will not show up on a routine police/sheriff check. It is when they haul you in, or, if they are investigating a crime and you are a person of interest, they can and do run a more thorough check.

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