Is Your Criminal Record Holding You Back? – How an Expungement Will Improve Your Life
Thousands of Minnesotans are facing challenges to their everyday life because their criminal record from past mistakes is haunting their every move. A prior conviction or even charge can prevent you from reintegrating into society, but an expungement can help you get the second chance you deserve. An expungement can help you move forward in
Expungement of Drug Charges in Minnesota
One of the grounds for a statutory expungement is for certain drug charges. Pursuant to Minn. Stat. 609A.02, subd. 1, a person may seek an expungement of a drug charges in which the person received a statutory stay of adjudication for 4th or 5th degree drug possession cases. That statutory stay of adjudication is often referred to
Stay of Imposition Expungement Update – Court of Appeals Decision
As has been discussed in this blog previously, the biggest ambiguity in the expungement law is how courts should interpret a stay of imposition expungement petition – specifically, is the conviction a felony as originally adjudicated or a misdemeanor as the record currently shows after the petitioner successfully completes probation? An incredibly thorough and well-reasoned
DWI Expungements Could Become Even More Difficult to Obtain
Even with all gross misdemeanor and misdemeanor convictions being eligible for a statutory expungement, people are still surprised to learn that they can, in fact, expunge their DWI conviction. But, this may no longer be reality if the Minnesota DWI Task Force gets its way. The DWI Task Force recently came out opposing the ability
Appealing an Expungement Order
Once a judge issues an order, there is an automatic 60-day stay period, which is the time period a party must appeal in order for a higher court to review the district court order. If you received an order not in your favor, you should understand what to expect if you choose to appeal it.
Expunging Stay of Imposition Records – Update
The biggest ambiguity in the new expungement law is how courts will treat stay of imposition records. The question the courts will have to answer: is the conviction considered a felony (which the petitioner was originally charged and pled guilty to) or a misdemeanor (as the conviction is now deemed by operation of law)? Courts
Speculative Arguments Cannot Be Used to Oppose Expungements
State attorneys will guard and protect criminal records at all costs – even when the record involves a resolution in the petitioner’s favor, such as an acquittal. Yes, that’s correct. State attorneys will even object to an expungement of a record in which the defendant was found not guilty by a jury of his or
Expunge DHS Records – Court of Appeals Decision
For individuals that work in a field licensed by the Department of Human Services (DHS), trying to expunge DHS records is imperative if you have a criminal record. The DHS has a list of offenses – even if unproven in a criminal case – that can disqualify an individual from continuing their career. An expungement
DWI Expungement – Court of Appeals Decision
A frustrating trend had emerged in Hennepin County with its handling of DWI expungements. It was becoming quite clear that obtaining an expungement of a DWI record was going to be nearly impossible. Other counties throughout the State give DWI expungement requests fair consideration and have granted them. But, Hennepin County had yet to do
Expungement Appeal – Standards of Review
With the Supreme Court set to hear the big appeal on the stay of imposition issue as it relates to expungements this coming October, let’s review the applicable standards of review the Court should employ in an expungement appeal. The decision itself – i.e. whether to grant or deny an expungement petition – is reviewed