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ExpungementExpungement involves striking records or information in court files, computers and other depositories relating to criminal charges. Expungement in Minnesota is generally limited to the sealing of the court’s records relating to a criminal conviction and prohibiting the disclosure of their existence except under court order or some other statutory authority. The Minnesota expungement statutes outline the process, which takes about three or four months to conclude. The law is rather complicated in this area, given some recent decisions from the Minnesota Supreme Court and the Minnesota Court of Appeals. At present, any record that originates from the Courts may be expunged, even if they rest in an agency of the executive branch of the government (such as the BCA). Records created by law enforcement agencies, such as a police department (again, an executive branch agency) are difficult to expunge, given the separation of powers doctrine. Basis for Expungement The court will grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes, by clear and convincing evidence, that the interests of the public safety outweigh the disadvantages to the petitioner of not sealing the record. The court basically will look at three criteria: (1) the seriousness of the offense (more serious means less chance of expungement); (2) time that has elapsed since the offense (the more time, the more likely the court will expunge); and (3) the rehabilitative measures taken by the petitioning defendant (such as community service, counseling, stable employment, etc.). As a general rule, defendants should wait at least two years to attempt to expunge a misdemeanor, with a much longer timeframe for more serious crimes. Some criminal convictions, such as DWI and criminal sexual conduct, can never be expunged. Petition for Expungement Eligible adults or juveniles prosecuted as adults in Minnesota must file a sworn petition for expungement. The petitioner must serve the petition for expungement and aproposed expungement order on the criminal prosecutors office that had jurisdiction over the offense for which expungement is sought and all other state and local government agencies and jurisdictions whose records would be affected by the proposed order. The petition will outline the basic facts of the case, the reason expungement is sought, and describe the rehabilitative measures that have been undertaken by the petitioner. Expungement Hearing A hearing is to be held no sooner than 60 days after service of the petition. A victim of the criminal offense for which expungement is sought has a right to submit an oral or written statement to the court at the time of the hearing, describing the harm suffered by the victim as a result of the criminal activity and the victim's recommendation on whether expungement should be granted or denied. Sometimes the prosecutor or attorney general will offer legal argument, but in other cases they do not even attend the hearing and defer to the court. |
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Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.
Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish. He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area. Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.
Mr. Cichosz has become active in the community since moving to Fergus Falls. He is a two-time past commander at VFW Post 612 in Fergus Falls. He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls. He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council. For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.
Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.
J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition. The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.
Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.