The recent Minnesota Court of Appeals ruling in State v. S.A.M. will have a big impact on Minnesotans seeking to expunge felony convictions. Unless the felony is one of those listed in Minn. Stat. § 609A.02, subd. 3(b), the conviction is not eligible for expungement.
The Minnesota Legislature recently passed gun legislation (Senate File Number 878) that took effect August 1, 2015. One part of the bill legalized firearm suppressors or silencers. These are defined under Minn. Stat. 609.66, Subd. 1a(c) as “any device for silencing, muffling, or diminishing the report of a portable firearm . . .” However, it’s still a felony to sell...
The Minnesota Department of Human Services (DHS) conducts background studies on individuals before they can provide any direct contact services or, in the case of nursing homes or boarding care homes, before they can access residents and their belongings. This applies to facilities licensed by DHS, the Minnesota Department of Health (MDH), the Department of Corrections (for programs serving youth and children), and non-licensed personal care provider organizations. The background study is thorough and includes criminal history from the Bureau of Criminal Apprehension and records from county adult and child protection services, DHS, and MDH.
Last week, the Minnesota Supreme Court heard final arguments regarding proposals to increase the amount of court records that are published online. Currently, court dispositions can be viewed online. But to see court records, such as criminal complaints or reports, one can only view them at a Minnesota courthouse, and must pay about $10 or more for printouts. Proponents of...
The Minnesota Legislature and Governor Dayton enacted sweeping reforms to Minnesota’s expungement laws, which took effect January 1, 2015. A person’s criminal record aspect of their defense is perhaps second in importance only to their liberty. Minnesota has two distinct types of expungements: either you qualify for an expungement pursuant to statute, or you qualify pursuant to the court’s inherent...
This morning, Governor Dayton signed legislation into law that drastically expands those eligible for an expungement of their criminal record in Minnesota. Previously, most seeking an expungement were eligible to have only the court records related to their case expunged, leaving many records related to a case still publicly available and preventing those with a criminal record from employment opportunities,...
The Minnesota Supreme Court recently held in In re Welfare of J.J.P. that when a district court is considering an expungement petition on a juvenile’s adjudication of delinquency, the court has statutory authority to expunge the delinquency order from both judicial branch and the executive branch agencies. The Minnesota Supreme Court found that statute allows executive branch agencies to consider...
If you are seeking expungement of a case where you pled guilty to an offense and/or were convicted, you should know there are currently changes being sought to expungement laws that would make expungement a more meaningful remedy for you. The Minnesota Legislature convened on January 8, 2013. Several organizations are currently lobbying state legislators to pass a new statute...
Can you really lock up your court records and throw away the key? The short answer is, it depends. You can, but it's not as easy as turning a key in a lock. What is an Expungement? To request an "expungement of criminal records" is just another way of saying you are asking the court to seal the criminal record,...
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