26
Feb

Why an Expungement Lawyer Is Needed for An Expungement

Contributor: James Gempeler
Expungement
Technically, you do not need an expungement lawyer. But going in without one is to your own detriment. The expungement process is detail-oriented with what must be filed and served. And the hearing involves State opposition from trained attorneys and…
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Tags: Arrest, Criminal Charges, Criminal Defense, expungement, expungement attorney, expungement lawyer, lawyer, Legal Update, Minneapolis DWI attorney, second chance, video
4
May

Collateral Consequences from a Criminal Record

Criminal Charges, Expungement, Felonies, Gross Misdemeanors / Misdemeanors
Here at North Star Criminal Defense, we pride ourselves on delivering a personalized legal strategy for each client. In order to do that, it is critical to understand what’s at stake. This means analyzing the possible collateral consequences fr…
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15
Oct

Pardon Attorneys - Minnesota

Expungement, Felonies
Pardon Attorneys In 1857, when the Minnesota State Constitution was being drafted, the process for pardons was deemed to be so important as to include it in the state constitution. Minn. Const. Art. V § 7. A pardon sets aside a conviction so that yo…
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8
May

Enhancement is a Moot Issue for DWI Expungement Purposes

Case Law Updates, DWI, Expungement
For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would preven…
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3
Jan

Expungement Waiting Period - How It Applies, according to the Court of Appeals

Case Law Updates, Expungement, Gross Misdemeanors / Misdemeanors
Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis…
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29
Dec

Resolved in Favor Expungements Include Continuance for Dismissals

Expungement, Gross Misdemeanors / Misdemeanors, Record Expungement
The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals. In doing so, the Court overru…
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28
Jul

Underage DWI Expungement - Court of Appeals Decision

Case Law Updates, DWI, Expungement, Gross Misdemeanors / Misdemeanors
As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v…
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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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