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 to the petitioner greatly outweighs the disadvantage to the public.

For these reasons, we ask the court to exercise its inherent authority and expunge this case. “

Do you need an attorney to represent you in expunging an assault charge or other criminal record? Read our advice on choosing an expungement attorney in Minnesota or read other articles on clearing your record in Minnesota.