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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29
Dec

Expunge DHS Records - Court of Appeals Decision

Case Law Updates, Expungement, Stay of Adjudication
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 – tha…
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17
Nov

DWI Expungement - Court of Appeals Decision

DWI, Expungement
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 expung…
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9
Sep

Expungement Appeal - Standards of Review

Case Law Updates, Expungement
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…
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31
May

Expungement Appeal - Stay of Imposition Update

Expungement
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…
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7
Jul

Minnesota Expungements – Getting Your Second Chance

Case Law Updates, Expungement, Record Expungement
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…
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