Expungement Law in Minnesota. Krista Marks, Neighborhood Justice Center

Similar documents
Expungement & Beyond. Understanding and Addressing Criminal Records. EXPUNGEMENT 10/1/2015 WHAT ARE CRIMINAL RECORDS?

EXPUNGEMENT WORKSHEETS

An Amicus Perspective on Recent Minnesota Criminal Expungement

Human Resources Guideline & Interpretation

2016 Thomson Reuters. No claim to original U.S. Government Works. 1

2014 Minnesota Statutes

Washington City Justice Court Washington County, State of Utah 111 North 100 East, Washington UT Judge Thad D.

IC Chapter 9. Sealing and Expunging Conviction Records

In The Court of Appeals Seventh District of Texas at Amarillo

A REPORT OF THE MINNESOTA PARDON BOARD REVIEW COMMISSION

EXPUNCTION OF CRIMINAL RECORDS IN NORTH CAROLINA

Petition for Relief Packet

WEST VIRGINIA LEGISLATURE. House Bill 2657

MINNESOTA UNIFORM FIREARM APPLICATION PERMIT TO CARRY A PISTOL (TYPE OR PRINT ONLY) THIS APPLICATION MUST BE SUBMITTED IN PERSON

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, FONTANA, SCHWANK, WILLIAMS, WHITE AND HAYWOOD, AUGUST 29, 2017 AN ACT

Chart #5 Consideration of Criminal Record in Licensing and Employment CHART #5 CONSIDERATION OF CRIMINAL RECORD IN LICENSING AND EMPLOYMENT

Texas Administrative Code

IN THE THIRTEENTH JUDICIAL CIRCUIT HILLSBOROUGH COUNTY, FLORIDA

Certificates of Rehabilitation in Fresno County Filing Instructions

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED FEBRUARY 24, 2014

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X In the Matter of the Application of JIANA BOONE,

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

Office of the District Attorney Eighteenth Judicial District of Kansas at the Sedgwick County Courthouse 535 North Main Wichita, Kansas 67203

Promoting Second Chances: HR and Criminal Records

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

OMINBUS MEMORANDUM OF LAW ON EXPUNGEMENTS IN PENNSYLVANIA

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE ADOPTED DECEMBER 16, 2013

Jakubiak v New York City Dept. of Bldgs NY Slip Op 32516(U) October 15, 2013 Supreme Court, New York County Docket Number: /13 Judge:

IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF., residing at. 1. My date of birth is,. 2. I was arrested/taken into custody on,, in

No In the United States Court of Appeals for the Ninth Circuit EUGENE EVAN BAKER, Plaintiff-Appellant, LORETTA E. LYNCH, et al.

Application for Employment

Indiana Second Chance Law Expungement and Sealing Manual

ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

Law Library for San Bernardino County (909)

New York State Pro Bono Clemency Initiative. Training Guide for Lawyers April 2016 Update

Expunging Adult Criminal Records in Santa Clara County

Determining Eligibility for Expungements & Penal Code 17(B) Reductions. Expungements and Prop 47 Clinic Training Training Module 1

6/13/2016. Second Chances Setting Aside a Juvenile Adjudication. Why Expunge an Adjudication (aren t juvenile records sealed)?

CONCESSIONS/FOOD SERVICE EMPLOYEE APPLICATION CONCESSIONS OPEN CASTING CALL Wednesday, February 4 4:00pm - 6:30pm* NewBridge Bank Park

By petition for writ of certiorari, the Department of Revenue (DOR) seeks

CONFERENCE COMMITTEE REPORT BRIEF SENATE SUBSTITUTE FOR HOUSE BILL NO. 2448

Chained to the Past: An Overview of Criminal Expungement Law in Minnesota State v. Schultz

LEVENE GOULDIN & THOMPSON, LLP

JUVENILE SEX OFFENDER REGISTRATION

Your Guide to. in South Carolina. Issued: August 2013 Revised: July 2016

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 522

LOWERING CRIMINAL RECORD BARRIERS

Name Change Laws. Current as of February 23, 2017

IS MY CLIENT ELIGIBLE TO VACATE AN ADULT CRIMINAL CONVICTION?

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator TROY SINGLETON District 7 (Burlington)

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

The Resource Newsletter for Home and Hospice Care December Home Care The Law

Sealing Criminal Records for Convictions, Acquittals, & Dismissals. Expungements in Ohio

Before Honorable Reuben J. Renstrom, Justice Court Judge

Plaintiff John David Emerson, for his Complaint against Defendant Timothy

HOW TO FILE AN ARD EXPUNGEMENT

Application for Employment

THE FOLLOWING ITEMS MUST BE SENT IN WITH YOUR APPLICATION IN ORDER FOR IT TO BE CONSIDERED COMPLETE:

LOWERING CRIMINAL RECORD BARRIERS

Fair Chance Licensing Removing Barriers to Licensed Professions Facing People with Conviction Records

~EW~ufflVE. HE. rij1en t;.~ c u so:ui<i< Updated: June ~f-~,i~t~,~j~t!;/;j._ J. ~TAT.. RH l-4!~~mm

IN THE SUPREME COURT OF GUAM. PEOPLE OF GUAM, Plaintiff-Appellee, vs. GABRIEL LAU, Defendant-Appellant. OPINION. Filed: July 2, 2007

SUPREME COURT OF ALABAMA

STATE OF MICHIGAN COURT OF APPEALS

A. Motion. Upon motion, or sua sponte, expungement proceedings may be commenced: 1) if a written allegation is not approved for prosecution;

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...4 What Do the Dispositions Mean and

MINNESOTA UNIFORM FIREARM APPLICATION PERMIT TO CARRY A PISTOL (TYPE OR PRINT ONLY) THIS APPLICATION MUST BE SUBMITTED IN PERSON

Clean Up Your Record. Where to find help. What will this process do for you? The Post Conviction Dismissal will:

EMPLOYMENT APPLICATION WATER PIK, INC. a subsidiary of CHURCH & DWIGHT CO., INC. An Equal Opportunity Employer

EXPUNCTIONS IN NORTH CAROLINA. Presentation by Amanda L. Maris

EXPUNGING YOUR RECORD

Expunction Guide: Types, Requirements, and Impact of 2009 Legislation

PETITION TO EXPUNGE CRIMINAL RECORD

IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO

EXPUNGEMENT INFORMATION AND INSTRUCTIONS COMPLETION OF THE PETITION

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

THE SUPREME COURT OF THE STATE OF ALASKA

Identifying Chronic Offenders

Papers Numbered Notice of Motion and Affidavits Annexed 4 Order to Show Cause 1 Answering Affidavits 2 Replying Affidavits 3 Exhibits

CARSON CITY JUSTICE & MUNICIPAL COURT SEALING OF RECORDS INFORMATIONAL PACKET (REVISED JUNE 2015)

Appearing Pro Se PETITION FOR EXPUNGEMENT IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL/JUVENILE RECORDS OF., residing at. 1. My date of birth is,.

Applying for Employment Authorization for Your VAWA Client

NC General Statutes - Chapter 15A Article 89 1

CHAPTER SEVENTEEN Applying for Employment Authorization for Your VAWA Client

UNIVERSITY OF CALIFORNIA SAN FRANCISCO Resume Supplement/Conviction History Form. Name: Last First M.I.

EXPUNGING YOUR RECORD

An Introduction to North Carolina s Judicial Branch

INSTRUCTIONS FOR MOTION TO EXPUNGE

63M Creation -- Members -- Appointment -- Qualifications.

18 Pa. C.S.A Expungement

Employment Application

SALESPERSON INITIAL LICENSE APPLICATION INSTRUCTIONS AND REQUIREMENTS

Attorney for the Petitioner and my Utah Bar number is

GOLDEN OAKS VILLAGE GENERIC JOB APPLICATION FORM

EVALUATOR MANUAL TRANSMITTAL SHEET

ORDER FOR EXPUNGEMENT Pursuant to K.S.A

CHAPTER 7.00 BUSINESS SERVICES. Background Screening of Noninstructional Contractors 7.142

Transcription:

Expungement Law in Minnesota Krista Marks, Neighborhood Justice Center

Background What are we trying to expunge? Criminal Records Where are we trying to expunge them? Courts BCA (Bureau of Criminal Apprehension) Police / Sheriff Department of Human Services / MN Dept of Health Corrections / Probation / Diversion Programs County Attorney / City Attorney Diversion Programs

Background Four types of criminal expungement in MN (in a nutshell) MS 299c.11 administrative seals law enforcement & BCA records MS Ch 609A statutory seals all agency records Inherent Authority State v. MDT seals court records absent appropriate circumstances Juvenile Delinquency MS 260B.198, sub. 6 & In re JJP.

Part I: MDT / Inherent Authority

What is an inherent authority expungement? A way to expunge anything that does not fit under the expungement statutes Filed in district court where the offense occurred Follows procedures of MS Ch 609A A creature of case law The scope of relief has expanded and contracted every few years The issue: in what circumstances may a district court judge seal criminal records maintained outside of the judicial branch? Judicial records are usually not a legal issue

Standard for Judicial Records Expungement [I]f expungement will yield a benefit to the petitioner commensurate with the disadvantages to the public from sealing the record and the burden on the court in issuing and enforcing the order. State v. N.G.K., 770 N.W.2d 177, 180 (Minn. App. 2009) (citing State v. Ambaye, 616 N.W.2d 256, 258 (Minn. 2000) and State v. C.A., 304 N.W.2d 353, 358-359 (Minn.1981)). Five Factors - State v. H.A. 716 N.W.2d 360, 364 (Minn. App. 2006) 1. Difficulty in maintaining employment or housing; 2. The seriousness of the offense; 3. The potential risk that the individual poses and how it affects the public s right to access the record; 4. Additional offenses or rehabilitation; 5. Other objective evidence of hardship under the circumstances.

Most Authoritative Cases for the scope of an expungement State v. C.A., 304 N.W.2d 353 (Minn. 1981): Seminal 1981 case, which said in dicta that a court may grant broader relief than what was contained in the expungement statute through its inherent authority, when doing so is necessary to the performance of a court s unique judicial function. Example: a conviction that has been set aside on appeal State v. S.L.H., 755 N.W.2d 271 (Minn. 2008): A court may expunge executive branch records when: A person s constitutional rights have been violated or there has been an abuse of discretion in the executive branch. Doing so would implicate a core judicial function, such as reducing or eliminating unfairness to individuals. [achieving employment goals does not count.] Court was very concerned about legislative mandates for access to data. Data Practices Act/Department of Human Services Background Checks

State v. MDT: Court of Appeals State v. M.D.T., 815 N.W.2d 628 (Minn. App. 2012) Published Court of Appeals case allowing expungement of criminal records maintained by the executive branch Broadest reading of S.L.H. exceptions so far Incorporates public policy into decision Supreme Court granted review June 27, 2012

State v. MDT: Supreme Court 831 N.W.2d 276 (Minn. 2013). District court abused its discretion by sealing executivebranch records. No constitutional rights violation alleged Not necessary to performance of core judicial function. To the extent the district court relied on the unfairness analysis in C.A. to support its use of inherent authority to expunge MDT s records held in the executive branch, the court exceeded its authority. Unlike C.A., MDT stands convicted of the offense A court s authority to expunge its own records does not empower it to expunge executive branch records, even if generated in the judicial branch.

State v. MDT: Supreme Court Separation of Powers and respect for legislative mandate for executive branches Contravenes MS 609A s limited, enumerated list of offense types for expungement Contravenes the Data Practices Act presumption that government data are public. MS 13.01, 13.02 Because 15 years have not elapsed since the discharge of MDT s sentence, the Legislature has determined that MDT s criminal records are public data.

Can I ever get my client s executivebranch records sealed under MDT? What if your client was not ultimately convicted? Vacate & Dismiss Stay of Adjudication Reversed on Appeal (C.A.) Exonerated by DNA, etc. Otherwise ultimately dismissed after guilty plea/verdict What if your client s case is so old that the legislative mandates for access to the data do not apply? Data Practices, DHS/MDH, Sentencing Guidelines

What if my client is in the 99%? Benefits of a judicial records expungement: Still may be useful for minor offenses that have not been reported to the BCA The order is better than nothing, and if it is well drafted, could help your client with job interviews, housing applications, etc. Write your own proposed order. Make it persuasive. Update the BCA records. Send a demand letter to the BCA with the expungement order. MS 13.04

The BCA Fix

Alternatives to Expungement Agency Relief Work with the remedies available through the agency that may have issued an adverse decision to your client Department of Human Services/Department of Health Disqualification Appeals (Minn. Stat. Ch. 245C; DHS Fair Hearings, Minn. Stat. 256.045; OAH Hearings (Minn. R. 1400.510-1400.8400) Professional Board Licensure Appeals (varies based on board) Public Housing / Section 8 Denial Appeals

Alternatives to Expungement Minn. Stat. Ch. 638 Pardon Extraordinary http://www.doc.state.mn.us/boardofpardons/default.htm (Board of Pardons website) MN Board of Pardons may grant a pardon extraordinary 5-10 years after discharge of sentence. Benefit: sets aside and nullifies the conviction; eliminates DHS/MDH disqualifications based on convictions; seals public BCA record and adds pardoned note to file. Drawback: does not seal the record

NJC Expungement Info Sheet We require the following information in order to fill out your expungement petition: 1. Please write your full name and any other aliases you have ever gone by: 2. Please list the charge(s) you want to expunge: 3. Please list all the addresses you have lived at since the date of the offense you are seeking expungement for: 4. Please list the names of the alleged victims in the incident (if none, put N/A): 5. Please list specifically any jobs that you have been denied because of this charge on your record (include when and where you applied): 6. Please list as specifically as you can any housing you have been denied because of this charge (include when you applied and where the housing is): 7. Please list any other ways in which an expungement would benefit you: 8. Please list any steps you have taken to rehabilitate or benefit the community (i.e. volunteer work, counseling, schooling, rehab, religious affiliation):

Self Help Center STEP 1: Get Criminal Case History Before you start to fill out your forms, you must get a printout of Criminal Case History of ALL of the criminal cases where you were charged with a crime, including cases where you were not convicted. You must write details of your case histories into the court forms. STEP 2: Get the Court Forms You can download Criminal Expungement Forms or you can buy a pre-printed forms packet along with your criminal case history at your local courthouse. STEP 3: Complete the Forms Step-by-Step Guide to Criminal Expungement Forms (video tutorial) Step-by-Step Guide to Criminal Expungement Forms (.pdf) STEP 4: Serve Notice of Expungement on Government Offices IMPORTANT STEP: Use Affidavit of Service Form EXP104 to serve expungement papers on government offices who might have a record of your criminal case. The most difficult step for many people is serving notice of their expungement petition on government offices that keep criminal records. It is VERY important to do this step correctly. If you make a mistake, an expungement that is granted may not affect some government offices, OR you might have to start over.

Self-Help Center Arrested, but not charged? If you were arrested but not charged with a crime, there will not be a court record for that specific event. However, law enforcement agencies and the BCA may have records of the arrest. There is a non-court process for expunging the arrest records of people who were not charged for the crime. Click Expunge Arrest Records for more details. One-on-One Help? If you need more help doing a criminal expungement case, go to Self-Help Services in the Courts to see if there is additional help available in your area. If you are low income, you be qualify for help from a legal aid office or volunteer attorney.

Important Websites Self Help Center http://www.mncourts.gov/selfhelp/?page=276 MN Court Forms http://www.mncourts.gov/default.aspx?page=513&ite m=88&itemtype=packetdetails