Legal Opinion
State v. Howe
North Dakota Supreme Court
Decided July 23, 1981No. Crim. 569-APublishedCited by 6 opinions
1Opinion of the Court
ERICKSTAD, Chief Justice.
The appellant, Henry H. Howe, requests this Court to determine whether or not an arrestee who is not subsequently convicted of any crime is entitled to expunction of his criminal arrest records. We hold that a person whose arrest does not result in conviction is entitled to expunction of his arrest records only if he was wrongfully arrested in violation of his constitutional rights. We reverse and remand for further proceedings consistent with this opinion.
The circumstances underlying this case are recited in State v. Howe, 257 N.W.2d 413 (N.D.1977), but we will…
2Cases cited19 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Roe v. WadeSupreme Court of the United States · 1973
- Paul v. DavisSupreme Court of the United States · 1976
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Nancy Sullivan v. C. Francis Murphy, Corporation Counsel of the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1973
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3Cited by6 opinions
- Kristensen v. StrindenNorth Dakota Supreme Court · 1983
- Toia v. PeopleAppellate Court of Illinois · 2002
- Toia v. PeopleAppellate Court of Illinois · 2002
- People v. CarrocciaAppellate Court of Illinois · 2004
- People v. CarrocciaAppellate Court of Illinois · 2004
1 more not listed; retrieve them via the Exa API.