Legal Topics Directory
Second Chance Law in Effect Jan. 1, 2015
The district court exceeded the scope of its inherent authority to expunge the respondent’s criminal records held in the executive branch because expungement is not necessary to the performance of a unique judicial function.
Under Minn. Stat. § 260B.198, subd. 6 (2012), the district court is authorized to expunge from executive branch files the court order adjudicating the juvenile delinquent when the district court deems it advisable.
- Expungement is the process of going to court to ask a judge to seal a court record. It is important to remember that an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background.
- Click on these links for Minnesota statutes related to expungement: Expungement - Chapter 609A, Arrest, No Conviction - 299C.11, Juvenile Expungement - 260B.198 (see subd. 6).
Additional statutes, regulations & opinions may apply to your specific situation.
Expungement Law is Changing
MINNESOTA EXPUNGEMENT LAW HAS CHANGED.
Governor Dayton signed into law new juvenile and criminal records expungement legislation which is took effect on Jan. 1, 2015. The new law is extremely important to Minnesotans who are struggling to overcome burdens imposed by past criminal records which often make it very difficult to find employment and safe housing. Click here for more information.
Source: Council on Crime and Justice
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