Expungement of Assault – Oral Arguments

The following are oral arguments offered in court in support of a person’s request to have their Minnesota criminal record for assault expunged, pursuant to Minnesota Statute 609A.03, which authorizes courts to expunge the record of a conviction by using their inherent authority over their own records. “Good afternoon your honor. I appreciate your allowing me to appear telephonically. I am asking the court to exercise its inherent authority to expunge the court records of my client, Mr. Doe. Mr. Doe, is 38 years-old and currently resides in St. Paul. The law allows the court to expunge a record when the petitioner presents clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety. This case involves a misdemeanor assault in the 5th degree in 2007. Mr. Doe threw a single punch at a coworker. The incident did not result in medical treatment or any damage to the victim. Mr. Doe pled guilty and promptly paid his $200 fine and met the requirements of the sentence. This is his only conviction. Expungement of this record would provide a tremendous benefit to Mr. Doe and his wife and children. He currently works as an automotive shop doing muffler repair, but needs to find additional employment to support his family. He has been denied employment because of this record. Mr. Doe is a hard working man with limited education and training. His employment opportunities are limited andt all require background checks. To the layperson, who is often reviewing his criminal record, assault is an ominous deterrent. He affidavit he states that he was turned down as the night shift janitor at Walmart. The statute also asks that the petitioner put forth any steps that were undertaken to foster rehabilitation. Mr. Doe sought counseling to help him control his emotions. As the 7 past years of law abiding behavior shows, he is rehabilitated. I believe that expungement of this record does not pose any disadvantage to the public. This single action, which does not even rise to what is statutorily defined as a violent offense, has only happened once in Mr. Doe’s life. At this point, there is nothing to suggest that he is more prone to commit a crime than any other person and the criminal record, therefore, serves no relevant purpose to the public. As such, the benefit...
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Notes On Restoring Firearm Rights Lost For Violent Juvenile Conviction

Below are notes from a hearing that was recently held in Dakota county for the restoration of the right to own a firearm in Minnesota pursuant to Minnestota Statute Section 609.165 Subd 1d These notes are from the hearing. They were provided by the attorney and the client’s name has been redacted. They can serve as a good outline for someone who is wanting to make arguments in support of restoration of their firearm rights in Minnesota. These notes were used to make oral arguments; the notes were not provided to the court. The judge in this case did restore the person’s right to own a firearm. It should be noted that the law (609.165 Subd 1d) says that the law is for restoration of rights when the offense is designated as a violent felony, however, since firearm rights are now also lost for all felony convictions, most courts will allow a person to use 609-165 Subd 1d petition to restore their firearm rights for all offenses. Attorney’s Court Hearing Notes for Restoration of Right To Possess A Gun in MN “My client, John Doe, who is now, 28 years of age, is asking the court to restore is his firearm rights pursuant to 609.165 1d, which gives the court authority to restore firearm rights when there is good cause and the person is released from custody. In 200X when Mr. Doe was 15, he committed assault in the 3rd degree, when he got in a fight with another boy that he thought was teasing his girlfriend. There was no weapon used in the offense. That offense is designated as a felony crime of violence. Mr. Doe was sentenced to anger management, and to pay fines and restitution. He completed all of the requirements… other than a minor in possession of alcohol, which also occurred when Mr. Does was 15, he has remained arrest and conviction free. Since 2007, he has worked as an unarmed security guard. He is supporting a two year-old daughter and would like to be able to better provide for her by earning more money. He has opportunities to move into an armed security position, but that would require him to possess a firearm, which he cannot do at this time. As Doe has been conviction free and shown no reason that he cannot be trusted to own a firearm, for these reasons we ask...
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Minnesota Bill HF1845 Helps to Completely Expunge Criminal Record

There are many problems awaiting those who have pleaded guilty or have been convicted of an offense beyond jail, prison, or probation. One of those problems facing previous offenders is finding out that the real penalty begins after they have paid their debt to society. The current law of Minnesota allows a judge to seal, or expunge, the criminal records of certain offenders. In theory, this would give prior offenders a clean slate that allows them to search for things like better jobs or housing. However, in reality, a judge can expunge only court records, not those collected by the state’s executive branch. The consequence is that expunged offenses disappear from court records, but are found simply through other methods such as background checks conducted by other public agencies. Lawmakers, aware of this problem, have proposed a bill, known as HF1845 the Uniform Collateral Consequences of Conviction Act, with the goal of expanding judges’ power to expunge records in the executive branch. The Process of the Minnesota Expungement Bill HF1845 Getting Passed In Minnesota, once introduced, a bill must travel through the committee process. If it is a House bill, it must go through the necessary policy committee and if it has financial implications, a finance committee. Then it is ready to go to the floor. A bill receives three readings before members debate it and take a final vote. A “reading” is the presentation of a bill before either body when the bill title is read. Bills must have three readings, one on each of three separate days, before they can receive final approval. Each of these readings is a stage in the path to enactment. The first reading occurs when a bill author introduces a bill on the House or Senate floor, after which it is sent to a committee for consideration. The second reading occurs when either body finishes committee action on a bill and it is sent to the floor. This happens in advance of the floor debate on the bill. The third reading occurs immediately preceding the final vote on the bill. Currently, HF1845 has six representative sponsors from the House, including the primary sponsor Representative Lesch. At this time, the bill has gone through its introduction and first reading in the House, and was referred to the Committee of Public Safety Finance and Policy, where it is now pending review. It has not...
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How to Expunge a Drug Charge in Minnesota

In order to expunge a case for possession of a controlled substance in Minnesota, you must have completed a deferred persecution program pursuant to Minnesota Statue section 152.18. If you have been discharged and proceedings for your case have been dismissed, you may be eligible to expunge your drug conviction. Once your drug conviction is expunged, the arrest and court records for the drug conviction will be sealed so that no one can view your records. Before investing your time and resources into petitioning to expunge your Minnesota drug conviction, you must first determine whether or not you are eligible to have your drug conviction expunged. You can also take a free expungement eligibility test through RecordGone.com. There are three circumstances in which you can petition to expunge your Minnesota drug charge: If your case was dismissed under section 152.18(1) for a violation of possession of a controlled substance under section 152.024, 152.025, or 152.027(i). If the case was resolved in your favor, meaning that the case against you was dismissed, or you completed a diversion program without first entering a plea of guilty (ii). For any other case, the court has the inherent authority to expunge the case if the court finds that the benefit to the person does not commensurate with the disadvantage to the public by not having the record public (iii). Once your drug charge is expunged, if your drug offense resulted in a non-conviction, the courts will release an order requiring that records pertaining to the case be entirely sealed from the public, including court records and records held by other state agencies such as the Bureau of Criminal Apprehension. If, however, you expunge a drug charge that resulted in a conviction, generally only the court records of your drug charge will be sealed while other criminal justice agencies will still maintain a record of your drug charge. Regardless of whether your case resulted in a non-conviction or a conviction, expunging your drug charge will prevent your offense from being held against you in the future except for under very limited circumstances. Your drug charge may only be reopened in the event that there is a subsequent criminal investigation or prosecution against you, or if you apply for a position as an employee with a criminal justice agency. Read more articles on Minnesota record expungement. i. 609A.02(1) ii. 609A.02(2) iii. (State v. Schultz, 676...
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Applying for a Pardon in Minnesota

Not all cases are eligible for Minnesota expungement; however, there is another option that may be beneficial. Seeking a pardon in the state where your conviction occurred may the best solution to receive criminal record relief. In order to apply for a pardon, there are certain requirements that may need to be met.  You will have to complete the application procedure.  This information can be found in great detail at www.pardon411.com. If you are applying for a pardon in Minnesota, below you will find the eligibility requirements and process for applying. Minnesota Eligibility There are two types of pardons in Minnesota: A “regular pardon” can be applied for if: You are still serving your sentence A “pardon extraordinary” can be applied for if: You have met the waiting period for your crime If you were convicted of a “crime of violence”, you must wait ten years after you have been discharged from your sentence. During the wait period, you must not be convicted of any other crimes If you were not convicted of a “crime of violence”, then there is a five-year waiting period in which you must not be convicted of any other crimes. Applying To request your Pardon Application, you may: Call The Minnesota Board of Pardons at 651-642-0284 Write a request to: Minnesota Board of Pardons 1450 Energy Park Drive, Suite 200 St. Paul, MN Fill out Pardon Application as directed on the Application Obtain your Criminal History Record by contacting the Minnesota Department of Public Safety by: Calling the Minnesota DPS at 651-793-7000 Logging on online at www.bca.state.mn.us/bca.asp Prepare a personal statement Letters of recommendation Send completed Pardon Application to Minnesota Board of...
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