I was charged with DUI in Mass. in July 2012 but am Conn. resident with Conn. license. The officer was found to lack probable cause, the stop was ruled illegal, the motion to suppress the stop was allowed, and the case was unconditionally dismissed with prejudice (it cannot be later refiled).
As the stop was found to be illegal, would I have any avenue to expunge record of the arrest from my CORI and my RMV record? I think RMV should not retain record of a charge that did not result in a conviction or even admission of sufficient facts. Also, RMV has a record of refusal. Would being asked to take the test to begin with also be "fruit of the poison tree"?
Given this, if expungement is not available, comments about sealing are welcome. I have no convictions or other pending cases anywhere.
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