Expungements

[NP4207]

What is the name of your state? MN

I had a Felony Charge that was dismissed back in 1999 after going thru Operation Denovo. I have decided to work with the same attorney who represented me to get this expunged of my record. I have been working on this since April of 2004. My attorney is advising me that she is having a hard time getting my request past the Judge's clerk to sign off on the appropriate paperwork to grant my expungment, because the clerk does not quite understand my case. This happened in MN and I know live in TX. I'm getting very frustrated since here it is 8 months later and my case is still pending. I have followed up with my attorney every week for the past 8 months and keep being told that it's pending. My questions are:

1) Is normal for an expungement to take this long?
2) Could there be a possibility that my attorney is dragging her feet on this?
3) Are clerks allowed to dictate what a judge review and not review?

Any help would be greatly appreciated. I'm really at the end of my rope with my attorney and ready to move onto another, but want to make sure that is the right choice. Thanks

The case was closed and is no longer pending thru the courts. I do understand the way that the expungment process works and that it does not seal everything and that law enforcement, courts etc will still be able to view it. I'm more concered about my attorney and if she is doing what she needs to do to get this taken care of.

[JETX]

Originally Posted by NP4207

Is normal for an expungement to take this long?

If you are eligible for expungment in New Mexico (depends on the charge and disposition.....), it shouldn't take that long.

Could there be a possibility that my attorney is dragging her feet on this?

Of course there could be.

Are clerks allowed to dictate what a judge review and not review?

Not really. The clerk would simply record and docket the filing upon submittal/request.

I do understand the way that the expungment process works

Do you know that it appears that you, having been convicted, even if later dismissed on a deferral may NOT be eligible for expungement?? Only the following qualified can be expunged in New Mexico:
1) Persons who were arrested for a misdemeanor or petty misdemeanor offense and the arrest was not for a crime of moral turpitude and a final disposition can’t be located. § 29-3-8.1.
2) A first-time drug offender not over the age of 18 at the time of the offense who has charges dismissed and is discharged after fulfilling terms of probation. § 30-31-28.
3) A person whose conviction that led to the inclusion of his sample and DNA records in the DNA identification system has been reversed. § 29-16-10.
4) A person who has been the subject of a petition under the Childrens’ Code and two years have elapsed since the final release of the individual from legal custody and supervision, or two years have elapsed since the entry of any other judgment not involving legal custody or supervision; and the individual has not, within the two years immediately prior to filing the motion, been convicted of a felony or of a misdemeanor involving moral turpitude or found delinquent by a court, and no proceeding is pending. § 32A-3B-21.