State v. G.D.

Expungement granted, in full. Client obtained a stay of adjudication to a gross misdemeanor 5th Degree criminal sexual contact charge in 2008. The county attorney, Department of Human Services ("DHS"), and Board of Nursing all opposed the expungement in writing and at oral arguments. Mr. Gempeler successfully explained the nuance of the appropriate burden of proof shifting to the state and the data practices concerns raised by the DHS and Board of Nursing. The Board of Nursing even commented that it's never been done before in asking that its records be sealed. The Court granted the expungement in full, ordering all agencies records to be sealed. And the Court ordered that the client be restored to the position he held before the incident - meaning, he does not need to acknowledge this charge and record for any reason, at any time. The most important result is that the client no longer has a record that can be utilized by the DHS as a permanent disqualification in getting his appropriate professional license. This is the ultimate second chance for the client.