Toth v. Albuquerque Police Department

OPINION

PICKARD, Judge.

1.This case addresses whether adult arrest records may be expunged. Barbara Malczewska Toth (Petitioner) was issued a criminal citation in July 1993 for misdemean- or shoplifting. After the charges were dismissed, Petitioner filed a petition in district court to expunge her arrest record. The court denied her petition and Petitioner appealed. We are asked to decide two issues: (1) whether the district court has authority to expunge an arrest record and (2) if so, whether the evidence presented at trial supports expungement of Petitioner’s arrest record. Even assuming…