If I was falsely accused of a domestic assault last year and the charges were dismissed, should I complete the expungement process before I proceed with a civil case?

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If I was falsely accused of a domestic assault last year and the charges were dismissed, should I complete the expungement process before I proceed with a civil case?

The charges were 100% fabricated. I never so much as threatened violence against my girlfriend. I love her dearly. Then, 9 months later, my case was dismissed, a day before trial. I had significant defense evidence, including video surveillance footage, security system logs, and witness testimony. Now that the case is dismissed, I’d like to sue her for the nearly $12,000 that the ordeal has cost me. I’m also starting the process of expunging the charges from the BCA. Does it matter if I proceed with the civil case before expungement? I’d like to start the civil case as soon as possible.

Asked on May 29, 2014 under Criminal Law, Minnesota

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

An expungement is not neessary before proceeding with a civil case.  However, proving that hte charges were false may prove more daunting than you think.  Moreover, if you are suing an individual, you may well prevail on the case, but receive a judgment that you cannot recover. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the charge was dismissed then there is no criminal conviction to expunge as a matter of law. Perhaps you mean sealing the file? Based upon what you have written, I suggest that you consult with a criminal defense attorney in your locality to assist you. One can be found on attorneypages.com.


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