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A person goes to the courts to requests a record of their criminal misdemeanor court case from over 15 years ago that ended in a Nolle Prosse. The courts respond that they destroyed "the file". But the docket is partially visible online.

  • If the courts can not produce the record of a case, does that allow for an expungement of the record?
  • What situations allow for a case/arrest to be expunged?
  • You used the tag united-states; is this really a federal criminal case? If it's a state case, please use the tag of that state instead. – Nate Eldredge Apr 26 '19 at 5:18
  • I interpret the tag as meaning "applicable to the US, but not specifically a single state"; so water rights law are not totally uniform, but they are similar between many states. – user6726 Apr 26 '19 at 14:59
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Not necessarily, if there is such a record such as the online listing you described, then I'd imagine a court would consider that as a record of the case.

However I doubt a court would accept that a record could be expunged in this case. They would consider the nature of the offence, whether it was a first time offence, and a whole host of other issues and requirements. So if that person were to seek their record being expunged, they would have to petition the court on more than the issue of the physical file not being found.

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