May
22

Effective Expungements – Legislative Change for Expungements

For years, individuals previously convicted of certain low-level crimes (also evictions, juvenile matters, etc.) and their attorneys have expressed legitimate concerns about the limited effects of Minnesota expungements. Under a previous and somewhat controversial decision of the Minnesota Supreme Court, district courts considering expungements only had authority to seal or destroy judicial records, leaving related records maintained by non-judicial sources open and accessible. This meant that records at police departments, business screening services, the Bureau of Criminal Apprehension,...

Apr
9

Expungement – once a felony, always a felony

In January 2015, a new expungement standard came into effect in Minnesota. The law expanded the types of crimes eligible for expungement.  It also gave courts broader power to seal records of State agencies instead of limiting the court to sealing its records anymore.

As with any new law, there were some gaps that left lawyers and judges with questions. The Minnesota Court of Appeals recently answered one of the big questions: how should the court treat felony convictions later deemed misdemeanors under Minn. Stat. § 609.13, subd. 1(2).  The question was how should the court treat the...