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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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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