On January 5th, 2015, Judicial Training Update (15-01) summarizing Minnesota’s historic new expungement law was distributed. During the next several weeks, the thirst for additional information coming from judges, attorneys, law enforcement and the general public was overwhelming. The purpose for this Part Two Expungement Update is to add 6 additional facts about the new law. The following 6 additional facts are intended to supplement and provide clarification to the January 5th training update (15-01). Everything in the first training update is still accurate.
- When the Court Orders Expungement – Does that Include DNA Samples and DNA Records?
- What About Domestic Violence Convictions – Will the 2015 Legislature Revisit This Issue?
- What About DWI Convictions: Use for Enhancement & Implied Consent Records?
- Can You Use an Expunged Conviction for Enhancement Purposes (i.e. DWI’s Assaults, etc.?)
- How do Law Enforcement Agencies and Prosecutors Access and Share Expunged Records?
- What Procedure is the BCA Following for Cases Involving “Stays of Imposition”?
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Update Focus: You are upset at your judge’s evidentiary ruling(s). You are convinced the courts legal analysis is seriously flawed and you believe you could win on appeal. Preserving the court record is one of the fundamental duties of all judges and attorneys. However, winning an appeal by arguing evidentiary error is exceedingly hard to do. This Update will focus on the 5 most important rules that attorneys and judges must follow in order to preserve an evidentiary ruling for appeal.
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HISTORIC NEW LEGISLATION: If the significance of a new law is measured by the benefit it brings to the public and the anticipated impact it will have on the entire judicial system, then Minnesota’s new Expungement “second chance” law is nothing short of historic.
This new Expungement law will give countless qualified Minnesotans a second chance to reclaim their lives without the stigma attached to having a criminal record. For example:
- In a 2012 survey, the Society for Human Resource Management, found that 87 percent of employers run criminal background checks.
- And it is not just felonies or violent crimes that stand in the way of a job offer being extended to a qualified candidate. Twenty Six percent of employers in this survey stated that they would NOT extend an offer to someone with a nonviolent misdemeanor conviction.
- In addition, the impact of a misdemeanor conviction is compounded for individuals licensed by the Department of Human Services because certain misdemeanor convictions will result in a seven-year disqualification.
However, the road to expungement for a petitioner is not guaranteed. There are burdens to meet, hurdles to overcome and ultimately the presiding judge, after applying a 12 part test, must be convinced that the benefit to the petitioner outweighs the detriment to the public and public safety. Under this new law, only the truly worthy will qualify.
The attached Judicial Training Update provides judges, attorneys and the general public with a Step-by-Step Guide to Minnesota’s new “second chance” expungement law.
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