When will a judge order expungement of a state arrest record?
MultiRegion, United States of America
The following excerpt is from Fenters v. Chevron, No. CV-F-05-1630 OWW/DLB (E.D. Cal. 2010):
The power to order expungement of a state arrest record is a narrow one and should be reserved for unusual of extreme cases, or example, 'where the arrest itself was an unlawful one, or where the arrest represented harassing action by the police, or where the statute under which the arrestee was prosecuted was itself unconstitutional.' United States v. Linn, 513 F.2d 925, 927 (10th Cir.1975).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a judge order expungement of a state arrest record? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Can a court order a protective order, even if the assigned magistrate judge signed the stipulated protective order? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
Can a judge order a motion to vacate an order that would have prevented a plaintiff from obtaining access to a medical malpractice clinic? (MultiRegion, United States of America)
What are the findings of the Secretary of State's appeal against the District Court's order that a class of beneficiaries must exhaust all their administrative remedies before seeking judicial review of the order? (MultiRegion, United States of America)
When will a judge order a retrial before a different judge? (MultiRegion, United States of America)
When will a federal judge order an evidentiary hearing to develop a full factual record on remand? (MultiRegion, United States of America)
Under what circumstances will a judge order an independent review of the record? (MultiRegion, United States of America)
