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I was charged with theft of services (petty misdemeaner) for using a dumpster at an apartment complex. I went through the expungement process and was told at the hearing that a case had just been settled through the supreme court that bars the judicial branch from ordering the executive branch to expunge this charge. This includes the police records and the records at the city attorneys office. Since this is where background check agencies generally draw their information and expungements are generally done to pass a background check, has the supreme court rendered the entire expungement process useless? Is there a way to petition these agencies to seal these records? I have a BA in business and have been turned down for positions because of this on my records. Currently I am a janitor because they dont do background checks. Help...
State/Country relating to Question: Minnesota Already Tried: I got this ticket in 2006. I should have gotten an attorney but instead I just went to the hearing. When I talked to the attorney he told me that the charge would disappear after one year. Foolishly I believed him. I plead guilty and the charge was dismissed on a stay of ajudication. This charge still shows up on a background check and shoots down any chance that I have of using my business degree. I had the courts expunge their portion of the ticket, however it is the executive portion of this whole thing that is holding me back. I need to know how to go about getting the police department and the city attorney to seal these records.
Hello,
What state are you in? We can't see the Additional info until we post if you put that info there.
thanks.
Matt
Minnesota
Ok, did you actually file a petition for a formal expungement that was approved and ordered by a judge?
Thanks.
Yes. There was a hearing. I think it was July 29th of this year. My lawyer (a family friend that had zero expungment experience took the case for 500 dollars after I filled out and filed all of the paperwork) told me it would be a slam dunk. When we got there the city attorney came prepared with a case that had been decided the day before from the supreme court that dealt with expungement. Basically the case states that the judicial system does not have the power to order the executive branch to seal records. I think its the whole "three seperate but equal branches of government" idea. My attorney had never even heard of the case and asked for a week to file a "brief"? A week later he called me and said that I was basically screwed and that there was nothing he could do for me and that he wasn't going to file the brief because it was a waste of time. I have serious doubts about his level of expertise and his drive to help based on how little he took for the case. I belive he would like to just wash his hands of this whole thing.
I'm not sure what to do. The executive branch (Police Department and City Attorneys office) is where background check agencies get their info . If this is the case, then the supreme court has rendered the expungement process useless.
Ok, I am going to have to do some research to see what I can dig up on the Sup Ct case because what I am seeing under the statute
YOU MAY QUALIFY FOR AN EXPUNGEMENT UNDER MINNESOTA STATUTE § 609A IF:
But this says it is discretionary (may decide) not mandatory.
Let me see what I can come up with.
Thank you. In this case the records were in fact sealed and I was granted an expungement, "Through the courts". However, I need the city attorney and the police department to clear this off of my record and complete this process. Otherwise everything I have done is a waste of time....
I'm not sure if this helps but the incident happened in Saint Cloud, Stearns county.
Ok, the case you are referring to is State, City of Crystal v. S.D.G. It is an unreported case in N.W. 2d, 2009 WL(NNN) NNN-NNNNthat was decided June 16, 2009. What it says, in essence, (and you already know this), is that the District Court has the authority to seal its own records, but not those of an Executive Branch agency under the separation of powers doctrine.
So yes, they have effectively gutted the entire expungement process. They can seal all the judicial records, but everyone else's are still on the books.
I would expect this to be challenged shortly as it totally violates the intent of the law.
Here is my suggestion. Try it again and file the paperwork yourself. It may seem like you would get the same result, but it may not necessarily happen. I personally have filed expungement motions that I told the client would not be granted since he did not meet the qualifications that, to my surprise, were granted due to the judge and prosecutor not being familiar with the law. Unless the other agencies have received a notice that they don't have to seal records, there is a chance that they might go ahead and do it out of ignorance.
I know it is a long shot, but it will only cost you your time and filing fees to see if it works.
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I appreciate you looking into the case as well as your suggestion. My question however is how do I go about getting executive records sealed. On the second page of the order(as I'm sure you know, there are three documents, the petition, the affidavit, and the order) it has boxes to check regarding whom should be notified of the order to seal. When the judge signs the order he can no longer check the boxes ordering the police department and city attorney to seal; those agencies don't even recieve a copy of the order to expunge. If a district judge doesn't have the power to do so then who does and how do I go about that process? There is a clause that reads that the records can be sealed if I can prove that it would be better for the people of Minnesota for it to be removed than for it to remain on my record. Who makes that call if it is not a judge. Perhaps the Mayor, the Govenor, the Chief of Police? I can't be the only person hitting this hurdle either. What are other people doing? I'm a college graduate and a veteran but I'm not eligible for jobs that do background checks. Honestly I'm on food stamps, energy assistance, daycare assistance, and state sponsored health insurance. If this was off of my record I could provide for my own welfare instead of leaching off of the state just to get by. For god's sake! I used a dumpster; I didn't steal a watch or a lawnmower. Who has the power to make this happen and how do I begin.Kawasaki Rider XXXXXXX.X626843403
Since their opinion is that the judicial can only seal judicial records, the Executive Branch is the ones who could seal those. With that said, the Governor would be the one to petition for a pardon and then the pardon could allow the courts to issue the order to seal the executive records. I talked with a few of my associates and we all came to the conclusion that this is simply a bad decision by the court. The judicial branch can and does issue orders to the executive branch every day (warrants, summons, subpoenas, etc.) so this is a ridiculous ruling. But, until it is challenged and the Sup Ct overturns it, it will stand.
http://www.recordgone.com/pardons/Minnesota-Pardon-Application-Form.doc
https://www.revisor.leg.state.mn.us/statutes/?id=638&view=chapter
Thank you for being so thorough and even including the document to send in. As this is a sample copy, where do I obtain the actual form and what are the chances that something like this could go through?
You are welcome.
I would suggest submitting a personal narrative of the incident along with how this has affected your life and search for employment due to your expungement being so limited.
I would think that this would be granted as a matter of common decency since they have completely negated the intent of the expungement laws. This might also give them a heads up as to the impotence of the expungement laws if they aren't already aware.
Where do I obtain this form as the one provided is stamped as sample only?
In order to fill out this form I have to provide a "succinct statement of the evidence adduced at trial, with the endorsement of the judge or county attorney who tried the case that the statement is substantially correct." (Page 2, Number 7)
Would this be the original theft case or the expungement case or both and how do I get my "statement" endorsed?
"the Governor would be the one to petition for a pardon and then the pardon could allow the courts to issue the order to seal the executive records" (your answer from Friday, September 18, 2009 11:39 AM)
Does this mean that if the pardon is granted, that I will have to petition for another expungement?
In your professional opinion should I hire an attorney to help me with this? Could I hire you to help me with the paperwork if I faxed or sent you all my paperwork? Are you by chance licensed to practice in Minnesota? Does that matter if you are only helping me put the information together and get it submitted? I don't want to make any mistakes and blow this last of chances.
Thank You,
Larry Brink
To request information regarding eligibility requirements or the proper application form, contact the board at the above listed address or phone number. There are no fees for the Board of Pardons' services.
Board of Pardons1450 Energy Park Drive, Suite 200, St. Paul, MNNNN-NN-NNNN/strong>Secretary Randolph J. Hartnett(NNN) NNN-NNNN/strong>
The original case is the one you are trying to get a pardon for. You would contact the prosecutor on the case and ask them for an affidavit stating that your comments are accurate.
Yes, as your first one wouldn't be based on the fact that you had been pardoned.
I would suggest getting local counsel to help since they will be familiar with where you need to go to get everything signed off on. We aren't allowed to represent people since state laws differ regarding attorney certification and we are only allowed to provide info here as part of the terms of service we agree to.
Thanks and good luck.
Attorney
12 yrs practice, Realtor, Landlord 20+ yrs