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 the time of filing the petition? The Court of Appeals determined that it is a felony, which leads to a longer waiting period and possible eligibility issues. We discussed this case in a prior blog and why we believe that decision is wrong. The Minnesota Supreme Court now will take a look and, hopefully, will agree with us. Stay tuned here for the latest developments.