Expungement Appeal – Stay of Imposition Update
The Minnesota Supreme Court granted review today of State v. S.A.M. – an expungement appeal. If you’re following our blog, you know that the biggest ambiguity in expungement law is how courts handle a stay of imposition outcome – is it a felony as originally convicted or a misdemeanor, which the record is currently at
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
The Importance of Properly Serving the DHS in an Expungement
The Minnesota Department of Human (“DHS”) is notorious for fighting expungements at all costs. Regardless of whether the record involves a conviction or not, the DHS is going to fight. That’s because the due process of criminal law has no place in the DHS review process – meaning, a mere arrest record without a corresponding
Expunging Records Within the Statute of Limitations Period – Be Careful
The existence of a criminal record – even when the matter was ultimately dismissed – is still damaging. The mere fact that you were charged with a crime raises red flags for human resource managers and potential landlords. That is why seeking to get a record involving an outright dismissal expunged is still crucial for
Minnesota Expungements – Getting Your Second Chance
The beginning of 2015 saw an important and needed change to the expungement law, benefiting those that need second chances from their criminal past. The new law makes more Minnesotans eligible for an expungement and they will finally get a meaningful remedy when they successfully petition for an expungement. Expungement Basics An expungement is a