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 that would broaden who is eligible for full expungement of all criminal records related to their case, including Minnesota Bureau of Criminal Apprehension (BCA) records. Legislation currently up for discussion would allow those who have received a stay of adjudication sentence, or who have pled guilty to an offense but then successfully completed a diversion program, to have full expungement of all records related to their case. These cases involve defendants who pled guilty to an offense, but then had their charges dismissed after successful completion of probation. The legislature will adjourn in May 2013, and we should know by then if expungement laws will change to make full expungement available to a greater number of people.
The Minnesota Supreme Court also recently heard arguments on a case regarding expungement. State v. M.D.T. was argued before the Court on December 12, 2012. This case would allow judges to expunge of all criminal records related to cases resulting in a conviction, including Minnesota Bureau of Criminal Apprehension (BCA) records. The Minnesota Court of Appeals issued a ruling in June 2012 that broadens a judge’s authority to expunge these records. That decision was appealed to the Minnesota Supreme Court, and we are now awaiting a decision. If the Minnesota Supreme Court upholds that decision, it will be a landmark case that will change the way expungements are done in Minnesota.
If you have questions about expungement, or would like an update on the outcome of potential changes to expungement laws in Minnesota, please feel free to contact Brandt Kettwick Defense at 763.421.6366.