Enhancement is a Moot Issue for DWI Expungement Purposes

For individuals trying for a DWI expungement (or to expunge assault-type records, there is one argument that the State loves to emphasize – the record is enhanceable (if the conviction is not more than ten years old) and sealing it would preven…
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Expungement Waiting Period - How It Applies, according to the Court of Appeals

Just this past late-spring, the Court of Appeals issued a ruling that summarily approved of a lower court decision in which the expungement waiting period was applied from the date of discharge going forward 2-, 4-, or 5-years. There was no analysis…
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Resolved in Favor Expungements Include Continuance for Dismissals

The Court of Appeals issued a published opinion (compared to the many unpublished ones on the expungement law) that clarified the application of the “resolved in favor” language to continuance for dismissals. In doing so, the Court overru…
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Underage DWI Expungement - Court of Appeals Decision

As we’ve discussed on our website and previous blog posts, DWI expungements are difficult to attain. The same could be said for an underage DWI expungement, a conviction that should be treated completely different. In a recent decision, State v…
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Burden of Proof - Expungement Law

Burden of Proof Analyzed We briefly discuss Burden of Proof on our expungements analysis page, but we wanted to expand this further. We also discuss the burden of proof in the video below: When it comes to expungement law the state or the petioner ma…
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Expungement Waiting Period - Court of Appeals' Decision

One of the ambiguities that surrounded the new law after its change in 2015 was how the expungement waiting period applied. The law provides that a petitioner must be crime free for a period of 1-, 2-, 4-, or 5-years “since discharge” of…
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Stay of Imposition is considered a Felony - Supreme Court Decision (UPDATE)

The biggest uncertainty following the release of the new expungement in 2015 was – how would courts treat stays of imposition, in which a felony conviction is later deemed a misdemeanor upon successful completion of probation? Is it a misdemean…
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Is Your Criminal Record Holding You Back? - How an Expungement Will Improve Your Life

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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Expungement of Drug Charges in Minnesota

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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Stay of Imposition Expungement Update - Court of Appeals Decision

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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