• Home
  • Practice Areas
  • Firm
  • Attorneys
    • Michael J. Brandt
    • Nicole A Kettwick
    • Danielle C. Peden
  • Staff
    • Amanda K. Olson
    • Cathy J. Pithan
    • Jenna McLain
  • Case Results
  • Blog
  • News
  • Join Our Team
  • Contact
  • Search
Brandt Criminal DefenseBrandt Criminal Defense
Complimentary Case Evaluation
 
Call 763-421-6366
  • Home
  • Practice Areas
  • Firm
  • Attorneys
    • Michael Brandt
    • Nicole Kettwick
    • Danielle C. Peden
  • Staff
    • Amanda K. Olson
    • Cathy J. Pithan
    • Jenna McLain
  • Case Results
  • Join Our Team
  • Blog
  • News
  • Contact
Search
      Generic filters
      Exact matches only
      Filter by Categories
      Attorney Profile
      Blog
      News
      Results

      Expungement of Drug Diversion Cases

      A source of confusion in Expungement cases has been how to classify felony drug possession cases resolved with a statutory stay of adjudication pursuant to Minn. Stat. §152.18. If the court considers the case eligible for expungement pursuant to Minn. Stat. § 609A.02, Subd. 1, which explicitly allows for expungement of 152.18 cases, the petitioner is immediately eligible for statutory expungement upon discharge of sentence. If the court considers the case instead to be eligible as a stay of adjudication under Minn. Stat. §609A.02, Subd. 3(a)(2), a one-year waiting period (with no new criminal charges) is required. Only expungements granted pursuant to Minn. Stat. §609A.02, Subd. 1 restore the person to the status the person occupied before the arrest, indictment, or information, whereas expungements granted pursuant to Minn. Stat. §609A.02, Subd. 3(a)(2) do not.

      To make matters more complicated, expungement proceedings pursuant to Minn. Stat. §609A.02, Subd. 3(a)(2), shift the burden of proof to a prosecutor or agency whose records are affected to prove by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record. If the prosecutor or agency whose records are affected does not meet this burden, the judge must grant the expungement petition. Cases considered eligible under Minn. Stat. §609A.02, Subd. 1, place the burden on the petitioner to show clear and convincing evidence it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of sealing the record and burdening the court and public authorities to issue, enforce, and monitor an expungement order.

      Blog Categories

      • Assault
      • Burglary
      • Child Pornography Possession / Distribution
      • Criminal Vehicular Operation
      • Disorderly Conduct
      • Domestic Assault
      • Drug Crimes
      • DWI or DUI
      • Expungement
      • Felony Offenses
      • Forfeiture
      • Gross Misdemeanor
      • Gun Rights
      • Harassment Restraining Order
      • Juvenile Crimes
      • Malicious Punishment of a Child
      • Marijuana in a Motor Vehicle
      • Misdemeanor
      • Murder / Homocide
      • Obstructing Legal Process
      • Order For Protection
      • Petty Misdemeanor
      • Possession of Firearm
      • Probation Violation
      • Prostitution
      • Robbery
      • Sex Crimes
      • Sexual Assault
      • Theft
      • Traffic Violations
      • Underage Drinking
      • Underage Drinking and Driving
      • White Collar Crimes

      Locations

      Anoka Office
      2150 Third Avenue North, Suite 210 Anoka, MN 55303

      Hopkins Office
      25 9th Ave North, Hopkins, MN 55343

      Follow Us

      © 2021 · Brandt Criminal Defense

      Prev Next
      X
      We are open during COVID-19 but are practicing safe social distancing. We have set up secure video conferencing and are still here to help.