Case Law Updates

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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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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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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Speculative Arguments Cannot Be Used to Oppose Expungements

State attorneys will guard and protect criminal records at all costs – even when the record involves a resolution in the petitioner’s favor, such as an acquittal. Yes, that’s correct. State attorneys will even object to an expungeme…
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Expunge DHS Records - Court of Appeals Decision

For individuals that work in a field licensed by the Department of Human Services (DHS), trying to expunge DHS records is imperative if you have a criminal record. The DHS has a list of offenses – even if unproven in a criminal case – tha…
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Expungement Appeal - Standards of Review

With the Supreme Court set to hear the big appeal on the stay of imposition issue as it relates to expungements this coming October, let’s review the applicable standards of review the Court should employ in an expungement appeal. The decision…
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Minnesota Expungements – Getting Your Second Chance

The beginning of 2015 saw an important and needed change to the expungement law, benefiting those that need second chances from their criminal past. The new law makes more Minnesotans eligible for an expungement and they will finally get a meaningful…
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