31
May

Burden of Proof - Expungement Law

Expungement
Burden of Proof Analyzed We briefly discuss Burden of Proof on our expungements analysis page, but we wanted to expand this further. We also discuss the burden of proof in the video below: When it comes to expungement law the state or the petioner ma…
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5
May

Expungement Waiting Period - Court of Appeals' Decision

Case Law Updates, Expungement
One of the ambiguities that surrounded the new law after its change in 2015 was how the expungement waiting period applied. The law provides that a petitioner must be crime free for a period of 1-, 2-, 4-, or 5-years “since discharge” of…
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20
Apr

Stay of Imposition is considered a Felony - Supreme Court Decision (UPDATE)

Case Law Updates, Expungement
The biggest uncertainty following the release of the new expungement in 2015 was – how would courts treat stays of imposition, in which a felony conviction is later deemed a misdemeanor upon successful completion of probation? Is it a misdemean…
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28
Mar

Is Your Criminal Record Holding You Back? - How an Expungement Will Improve Your Life

Expungement
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…
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1
Mar

Expungement of Drug Charges in Minnesota

Expungement
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 degr…
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20
Feb

Stay of Imposition Expungement Update - Court of Appeals Decision

Expungement
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 misde…
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8
Feb

DWI Expungements Could Become Even More Difficult to Obtain

DWI, Expungement
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…
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27
Jan

Appealing an Expungement Order

Expungement
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 wha…
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18
Jan

Expunging Stay of Imposition Records – Update

Expungement
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)…
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10
Jan

Speculative Arguments Cannot Be Used to Oppose Expungements

Case Law Updates, Expungement
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 expungeme…
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