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STATE v. HOWE

Crim. No. 569-A.

308 N.W.2d 743 (1981)

The STATE of North Dakota, Plaintiff and Appellee, v. Henry H. HOWE, a/k/a Henry H. Howe, Jr., Defendant and Appellant.

Supreme Court of North Dakota.

July 23, 1981.

Attorney(s) appearing for the Case

Mikal Simonson, State's Atty., Valley City, for plaintiff and appellee; argued by Simonson. Appearance by Thomas Goven, Senior Law Student.

Hjellum, Weiss, Nerison, Jukkala & Wright, Jamestown, and Stephen Pevar, Denver, Colo., for defendant and appellant; argued by Stephen Pevar, Denver, Colo. Appearance by Henry Howe, Grand Forks, and Charles M. Carvell, Jamestown.

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...

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