During this giving season and as we approach the New Year, the Ramsey County Law Library is grateful for several local organizations we have worked with over the years to help increase access to justice for our residents. If you are looking to donate to a worthy cause, we encourage you to consider the following non-profit organizations:

  1. Volunteer Lawyers Network: Established in 1966, Volunteer Lawyers Network, Ltd. (VLN) is a 501(c)3 non-profit which provides civil legal services to low-income people through volunteer attorneys. VLN’s mission is to protect and promote the basic human needs of people in poverty through the power of legal volunteers. In the 2021-2022 fiscal year, VLN provided 5,826 free legal services to 4,943 low-income Minnesotans in need. VLN supports the patrons of Ramsey County Law Library by assisting with our monthly criminal expungement self-help clinic.
  2. Neighborhood Justice Center: Neighborhood Justice Center (NJC) was born from a vision of a more just criminal justice system, free from racism and discrimination. NJC launched as a non-profit organization in 1973 by a passionate group of community advocates, attorneys, judges, and neighbors. As one of the longest-standing public defense corporations in Minnesota, their team provides the highest quality legal support, at no or low cost to clients. NJC supports the patrons of Ramsey County Law Library by assisting with our monthly criminal expungement self-help clinic.
  3. Minnesota Justice Foundation: Minnesota Justice Foundation (MJF) was incorporated in 1982 by a group of University of Minnesota law students who were concerned about serving their communities. These visionary students believed that lawyers and law students have a special professional obligation to provide quality legal services to those who cannot afford legal representation. In addition, they were committed to improving the law school environment and the legal profession by calling attention to the need for legal services for low-income individuals and for creating pro bono opportunities for law students and lawyers. MJF has helped to support the patrons of Ramsey County Law Library by assisting with some of our law clinics. Bonus: If you are a Target shopper, look for MJF in your Target circle app. They are in the voting cycle until Dec. 31.
  4. Southern Minnesota Regional Legal Services: Founded in 1909, Southern Minnesota Regional Legal Services (SMRLS) is the oldest legal aid provider in the state. Originally established as a branch of Associated Charities, to provide legal advice and representation to low-income people, the organization became Legal Assistance of Ramsey County (LARC) in 1966 and was among the first legal aid programs in the country to receive federal funding. In 1979, LARC was merged into SMRLS when services were expanded to cover the southern third of the state. SMRLS currently serves the 33 counties of southern Minnesota, including the Twin Cities’ east and south metro, as well as agricultural workers throughout Minnesota and North Dakota.
 

 

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The consequences of having a criminal record can stay with a person long after time in prison is completed. Oftentimes, these crimes occurred years ago and are not a reflection of who the person is now.  Even so, having a criminal record can prevent a person from getting a job or housing, can be barred from obtaining licenses in certain professionscan be denied the right to vote, or own a gun, and more.

Expungement is the legal process of sealing a criminal record. An expunged criminal record will not be accessible to the public.  Sealing a criminal record can make it easier for you to find housing, get a job, and obtain certain types of job-related licenses.  In Ramsey County, you have many resources for getting help with expungement. Here are a few of them.

Ramsey County Criminal Expungement Clinic

The Ramsey County Law Library hosts a criminal expungement clinic every 2nd and 4th Thursdays of the month. The clinic is run by the Ramsey County Court Self-Help Center, and it is staffed by a volunteer attorney from Volunteer Lawyers Network (VLN) and local attorney volunteer Dan Shapiro. Shapiro is a long-time volunteer for this clinic, and he is also a regular volunteer with Habitat for Humanity. “Everyone deserves a place to live, and everyone deserves a second chance,” he said.

Dennis Lee Lamar Bell, Jr. is making copies of his expungement paperwork at the Ramsey County Law Library.
Dennis Lee Lamar Bell, Jr. is making copies of his expungement paperwork at the Ramsey County Law Library.

 

One clinic attendee who is making the most of his second chance is Dennis Lee Lamar Bell, Jr., who is working to get his record cleared. He attended the clinic to start the paperwork for getting the expungement process started, but really, he had been working on getting his expungement for much longer than that. After consulting with the volunteer attorneys at the clinic, Mr. Bell spent several hours in the library filling out his forms, making copies of pictures and documents, and getting testimonials from others to show the court how he is not the same person as he was when he committed the crime.

To assist and support clients who are completing court forms, it is the policy of the Ramsey County Law Library to honor current, signed, fee waiver forms. Litigants with a signed fee waiver can make to make photocopies of their paperwork at no charge.

Ramsey County Criminal Expungement Clinic
2nd and 4th Thursdays of each month
1:00-3:00 p.m.

Ramsey County Law Library
15 West Kellogg Blvd
1815 Court House
St. Paul, MN 55102

Call 651-266-8391 for more information.

Ramsey Criminal Defense Law Clinic

While the Criminal Expungement clinic is on the 2nd and 4th Thursdays, on the 1st and 3rd Thursdays of the month, the Ramsey County Law Library holds its newest clinic, the Ramsey Criminal Defense Law Clinic from 1:00 – 3:00 in the afternoon. While the attorneys at this clinic do not have time to walk you through the whole expungement application, they can answer questions about the process, and they can review your case to see if you qualify for expungement.

They can also answer other criminal law questions, too, like, what you should do if you missed your hearing, how to prepare for your trial, how to get copies of dashcam video, and how to subpoena witness or documents to support your case. Each client can spend up to half an hour to talk to the attorney about their legal issue, and they can definitely answer your expungement questions.

This clinic is staffed by volunteers based in the Twin Cities Metro area who have experience representing clients in Ramsey, Washington, and other counties in the Twin Cities metro area.

Ramsey Criminal Defense Law Clinic
1st and 3rd Thursdays of each month
1:00-3:00 p.m.

Ramsey County Law Library
15 West Kellogg Blvd
1815 Court House
St. Paul, MN 55102

Call 651-266-8391 for more information.

HelpSealMyRecord.org

The Ramsey County Attorney’s Office as well as the Washington County Attorney’s Office will help you to determine if any offenses in your criminal history can be expunged. If you apply through the Ramsey County Attorney’s Office and you qualify for expungement, you won’t have to fill out any paperwork and you won’t have to pay any fees to get your record expunged. In fact, the County Attorney’s Office will see to the process for you. As Ramsey County Attorney John Choi said,

Prosecutors are ministers of justice. Therefore, it is our legal and ethical responsibility to help rehabilitated people who have paid their debt to society to remove the scarlet letter of a criminal conviction and the barriers it creates to accessing jobs, housing, education and other necessities in life.

Since October when the program first started, hundreds of people have applied to see if their record could be expunged. With limited staff able to review the requests, there is a small lag time from when a person applies to be considered to when they hear back from the County Attorney’s office.

Informational sessions at the St. Paul Public Library

If you are interested in learning more about the expungement process, but are not quite ready to start the process, two branches of the St. Paul Public Library host informational sessions for patrons once a month. At these sessions, volunteer attorneys from the Volunteer Lawyers Network will start with a brief presentation about criminal expungement in Minnesota. Afterwards, you can meet with volunteer attorneys who can answer your brief questions and who may also be able to connect you with other attorneys or clinics for further assistance. The locations and times for these clinics are:

Saint Paul Public Library – Arlington Hills Community Center
1200 Payne Avenue
Saint Paul, MN 55130
651-632-3870
1st Friday of each month – noon (12:00 pm)

Saint Paul Public Library – Rondo Community Outreach Library
461 N. Dale St
Saint Paul, MN 55103
651-266-7400
3rd Friday of each month – noon (12:00 pm)

A listing of all criminal expungement clinics in the metro area is on the VLN website here: https://www.vlnmn.org/ce

Expungement can remove significant barriers to employment and other areas, and assist non-incarcerated Minnesotans to secure employment, self-sufficiency and stability.

 

 

 

 

 

Criminal Law and Procedure volumes of Minnesota Practice.

Criminal Law and Procedure volumes of Minnesota Practice.

 

We have some good news to share!  The Ramsey County Law Library is now hosting a criminal defense law clinic on the first and third Thursdays of each month.  The clinic was officially approved by the Law Library Board of Trustees at its December meeting.

The clinic is held in the law library, and attorneys start seeing clients at 1:00.  At the clinic, people can spend up to a half an hour with a criminal defense attorney to get advice about any kind of Minnesota criminal issue.

Clients interested in talking with an attorney just need to show up to the library.  Everyone is seen on a first-come, first-served basis.  Just sign in at the reference desk, and library staff will escort you to the attorney when it is your turn.  Clients will receive up to half an hour consultation with the attorney.

The clinic started in November with volunteer attorneys coming in and serving clients, though the clinic was not widely publicized.  Through word of mouth advertising and publicity by court staff, a few people found their way up to the law library and the clinic.  As the clinic is open to all Minnesota residents, volunteer attorney Steven Coodin encourages people to come to the law library if they have questions.  “Everyone has the right to counsel so come and see us!”

The clinic is open to any Minnesota resident with a criminal law issue relating to Minnesota state law.  There are no residential or income restrictions.  However, if you are represented by a private attorney or a public defender, you unfortunately cannot come to the clinic.

For more information, please contact the Ramsey County Law Library at 651-266-8391.

 

 

 

 

SRLN Story Map

The Ramsey County Law Library is one of many public law libraries that assist the self-represented litigants (SRLs) across the country.  Strengthening services and programs for SRLs are valued public law library goals.  The map displayed here is one of several that convey data regarding law library services to SRLs.  Comprehensive survey results, including graphical displays, contact information, and interactive “story maps” are available at this link: https://arcg.is/1LfmT5 

Hopefully, this survey research and analysis will expand SRL services among law libraries by demonstrating best practices for assisting SRLs.  The information also describes important law library services for stakeholders, advocates and the public.  The research was funded by a LexisNexis research grant.

Highlights of the 2019 survey that measured services to SRLs are listed below:

  • Over 70,500 SRLs are served by law libraries in a month
  • Top Five Services Offered by Libraries
    • 98% provide reference and research assistance and instruction;
    • 93% provide publicly accessible space;
    • 91% provide access to online court forms & instructions;
    • 68% offer referrals to social services agencies;
    • 68% create guides and pathfinders.
  • Top Five Technologies Offered by Librariea
    • 94% provide Internet access;
    • 93% provide computer access;
    • 89% provide a copier;
    • 86% provide WiFi;
    • 86% provide computer printing.  Most libraries charge a fee for photocopies (94%) and computer printing (86%).
  • 80% of law libraries have partnerships
    • 60% with courts;
    • 58% with legal aid groups;
    • 55% with bar associations;
    • 47% with public libraries.
  • 23% of law libraries have a self-help center in the library
  • 28% of law libraries have a limited advice clinic in the library
  • 6% of law libraries have an attorney on staff (not a librarian with a dual degree – library science and law—or a librarian with a law degree acting as a reference librarian).  This characteristic defines law libraries at the advanced level of service.
  • 26% of the U.S. population is within a 30-minute drive-time of a public law library that serves SRLs.
  • All (100%) libraries are within a 30-minute drive-time of some portion of low-income populations (defined as incomes below 125% of the Federal Poverty Level).

To learn more about services that county law libraries provide, come visit us on the 18th floor of the Ramsey County Courthouse, or view the full story map at the Self-Represented Litigants Networks website.

 

 

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The last post described some very useful resources that are only available for free if you visit the law library.  But to be fair, we should point out that there are several very useful sources that are only available online.  Every legal researcher should know about these items.

Minnesota Title Standards

The Minnesota State Bar Association has been making their publications accessible through its website.  One of the very useful publications is Minnesota Title Standards.  The standards are edited by the MSBA’s Real Property Law Section, Title Standards Committee, and was originally published in 1949.

Why are Title Standards important?  From the preface:

The purpose of the title standards is to state in concise language how the real property bar views various title problems within the state and indicate how the majority of experienced Minnesota title lawyers would probably deal with such problems as they come up from time to time. … In examining a title, lawyers must identify the appropriate standard for approving or objecting to transfers and encumbrances found in a chain of title. The judgments an attorney exercises will also depend on applying justifiable presumptions as to certain matters and, in particular situations, these presumptions may be strong, medium, or weak.  In this situation, it is extremely beneficial for an examiner to have an indication of how other examiners would treat these problems.

Many of the present State Title Standards were adopted by the Real Property Law Section of the State Bar Association at its annual meeting in June, 1946, and have been reviewed and updated since.  The most recent edition was updated in 2017, and is freely available to everyone on the Minnesota Bar Association, Section of Real Property Law’s web page.

mnseal

Minnesota State Register

The Minnesota State Register is the official publication for proposed and final administrative rules, executive orders, agency notices, state grants and loans, state contracts, and more.  Since 2004, the State Register has only been available online at the Revisor of Statutes website (or if you must pay for your regulations, Minnesota State proposed and adopted regulations are on Westlaw; the Minnesota State Register is available via Lexis in their MNSTR file.)

The State Register is the official source, and only complete listing, for all state agency rulemaking in its various stages. State agencies are required to publish notice of their rulemaking action in the State Register.  Approximately 80 state agencies have the authority to issue rules.  If they are contemplating amending an existing regulation or want to implement a new one, the agency must put notices in the State Register.

Why is the State Register important?  If you practice in areas of law regulated by state agencies; if you or your clients bid on government contracts or submit RFPs; if you want to participate in the rule-making process, this is the only comprehensive and updated publication that tracks changes to the administrative rules.

If you would like to read more about the process, the Minnesota Department of Health has written Minnesota Rulemaking Manual: A Reference Book for the Practitioner, edited by Patricia Winget.  Special kudos to her Rulemaking Progress Chart, which explains the process on one page.

In addition, the Minnesota Office of the Revisor of Statutes also publishes two books that help understand the rulemaking process:  Rulemaking in Minnesota: A Guide by Paul M. Marinac, Deputy Revisor of Statutes and Minnesota Rules: Drafting Manual with Styles and Forms.

 

House Chamber

House Chamber, Minnesota Capitol Building.

Minnesota House Legislative Research

The Minnesota House of Representatives has a research staff that provides non-partisan research services to all House members.  It was established in 1967 to provide information for representatives so that House members and Committees could make informed decisions as they proposed, implemented, and amended Minnesota law.  The House Research department creates publications and other web-based materials that provide information and analysis for use by all members of the House, other staff, and the public.

In addition, attorneys on the research staff advise the House on legal matters that arise from conducting House business.  The research staff also compile various data, produce tax-related simulation runs, and provide data lookup tools, and in addition, they also summarize pending and enacted legislation.

House Research is nonpartisan. Its services are available to all members of the House. The department strives to be politically neutral and impartial on issues.

 

Minnesota State Law Library.

Minnesota State Law Library.

 

Minnesota State Law Library

One last place that has oodles of useful information for free is found at the Minnesota State Law Library.  The law library staff produce and maintain Library Research Guides on a myriad of topics.  These guides are great for getting the basic information about a particular area of law, including references to statutes, regulations (if applicable), court rules, references to credible websites (Nolo Press, LawHelp MN, legal aid organizations), as well as listings of books (with call numbers) on the topic.  If applicable, it will include links to appropriate forms, as well as suggestions for related topics that can be helpful.

These guides are very useful for attorneys who need quick access to materials on a topic they aren’t familiar with.  For example, a criminal law attorney might be asked by one of his clients if he could help out with a child custody issue; a bankruptcy attorney is contacted by his cousin for information about his workers’ compensation claim.  The guides have all of the primary information necessary to dive into a new area of law.

The most recent library guide is one for self-represented litigants titled, “Representing Yourself in Court.”  This newly updated guide has answers to many of the questions that SRLs have, as well as links to helpful articles and videos, instructions, forms, books, legal clinics, self-help centers, legal referrals by county, and of course, links to county law libraries.

The resources described above are just a handful of places to get accurate legal information for free.  For more suggestions and referrals, please visit us at the law library.  See you soon!

 

 

Ramsey County Law Library - Police misconduct collectionOur local law enforcement has been and continues to be conspicuously in the news over the last year following high-profile incidents.  After it looked like the spotlight might finally be fading in Ramsey County, it shifted over to Minneapolis.  Make no mistake that the subject of police actions and accountability is a sobering one, and one that history has shown can have significant fallout.  This spring marked the 25th Anniversary of the Rodney King riots, and that this summer marks the 50th Anniversary of the Detroit riots, and that both riots were sparked by what local residents considered unjust police action.

If you experienced a police encounter that left you feeling that officers overstepped their proper authority, what are your options?  To start, the Minnesota State Law Library has an excellent LibGuide of resources for researching police functions and duties.  Also be aware that cities frequently post their police manuals online, including both Minneapolis and St. Paul (albeit with redactions).  Locally, St. Paul has the Police Civilian Internal Affairs Review Commission (PCIARC). This group of nine civilians reviews complaints against Saint Paul Police Department Officers and makes disciplinary and policy recommendations to the Chief of Police. They can also help individuals file complaints and navigate the process.  There is also this online resource from the Department of Justice regarding police misconduct with the option of filing a complaint.  But be aware that filing one of these investigatory complaints at either the local or federal level is not a substitute for filing a lawsuit in civil court.  You still may wish to contact a lawyer to discuss this legal options.

Book-wise, we have a few gems here on our own shelves for more advanced reading and research (pictured above).  These include such titles as Police Misconduct: Law and Litigation (M. Avery, et al.), Police Civil Liability ( I. Silver.), Civil Actions Against State & Local Government: Its Divisions, Agencies & Officers (Thomson-Reuters 2d), and The Rights of Law Enforcement Officers (W. Aitchison).  Don’t forget that our latest Westlaw subscription now gives easy access to many other related titles to assist you as you research this area of law.

 

 

Would You Go to Jail for Your Dog?

27f547ebf09ce9be65090c8c5d800733Despite the scary caption, your dog has far more to lose in a court of law than you.  Minnesota allows Buster to face “jail” or far worse fates depending on his actions or your non-actions.  This is essentially because the state does not consider your dog a member of your family. Your dog is property, meaning he or she has no rights of their own. You protect your dog’s rights by protecting your property rights, or otherwise face possible economic consequences.

Consider the bite of Minnesota’s dog liability statute, which states that “[i]f a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained [emphasis added].” For similar liability reasons under MN Stat § 347.01, you may want to think twice about rooting for Rover should he get into a fight with another domestic critter.  Under MN Stat § 347.03, “any owner or caretaker may kill any dog found chasing, injuring, or worrying its sheep or other livestock or poultry owned by or in care of such owner or caretaker, on lands or premises owned or controlled by the owner or caretaker, and any owner or caretaker of sheep may kill any dog found on the owner’s or caretaker’s premises where sheep are kept, not under human restraint or control.”  The law also allows anyone attacked by your dog beyond his or her enclosure to likewise defend themselves to the strongest measure possible, as well as any livestock the dog may attack.

Is your dog licensed?  Don’t consider yourself or your dog too independent for such, for an unlicensed dog can lawfully be seized and destroyed by authorities. And Minnesota law does not think your dog is just “being friendly” if it repeatedly chases or bothers public road users.  Rather, such behavior could result in your dog being declared a public nuisance, which could potentially result in harsh consequences to Buster.  And maybe you don’t consider Daisy dangerous, but depending on her past, she might be.  Dangerous dogs essentially spend the rest of their lives on “probation” of sorts, and are subject to their own strict registration requirements.  Again, the potential peril to the dog is great if the owner doesn’t comply with these.

Beyond these unforgiving statutes, most dog regulation comes under local ordinances which you would do well to consult, along with local resources.  The St. Paul Animal Control page, for example, offers instructions for getting your dog licensed. (If your licensed dog gets lost in St. Paul, he or she gets a free ride home!)  There is also information on how to register your dangerous dog and what you should do in St. Paul if you are bitten by a dog.  Think your municipality has totally exceeded its authority in dealing with your dog?  See this guide from the League of Minnesota Cities specifying how municipalities may lawfully regulate dogs in their communities. Also, come up and check out Every Dog’s Legal Guide: A Must-Have Book for Your Owner by Mary Randolph.

To conclude, where your dog’s safety and your liability are concerned, you are the one holding the leash.  Don’t ask your dog to lay down its life for your neglect.  Use YOUR rights to make sure both you are both stay safe and happy together!

 

Wedding ring exchange

A few years ago people were surprised when Saint Paul was named by USA Today as “the most romantic getaway city in North America.”   Saint Paul’s surprise victory was predicated in no small part to the historic architecture that adds a romantic backdrop to any downtown scene.  With its own stately architecture, it logically flows that the Ramsey County Courthouse offers a lovely setting for an otherwise informal civil wedding ceremony.  June is the perfect month to be aware of its possibility as the venue for any upcoming nuptuals in your life.

In Ramsey County, marriage licenses are handled by the Department of Vital Records.  You must apply in person for your license at their office in the Ramsey County Public Health Center If your marriage plans include name change, you can also access the needed information and forms. Then you are ready to consult this generous list of Second District judges who would be honored to perform your courthouse wedding ceremony.   (You should call your desired judge and ask what their fee for this service is, since it varies from judge to judge.)  Notice that most of them are just as happy to perform  offsite ceremonies, if you prefer, but the point is that there is no extra charge to use this elegant downtown venue!  Depending on the time of day, there is also the free service of beaming courthouse staff smiling and offering their congratulations as they leave work for the day.  Convenient access to downtown restaurants and hotels for celebrating afterward are also part of the “most romantic getaway city.”

See how one Ramsey County Courthouse wedding was beautifully showcased on a wedding planning blog.  If you still need convincing, google “Ramsey courthouse wedding” to see dozens of couples taking advantage of the historic architectural-marvel-of-a-courthouse for their big day!

 

Does this Outfit Make Me Look Guilty?

Woman poses in dressThe Law Librarian has blogged about courtroom etiquette before, but this post looks at dressing for the occasion. Think this is a shallow concern that doesn’t apply to you? If you were spending hundreds of dollars on an attorney to represent you at your DWI trial, and he or she showed up dressed for yoga class, you wouldn’t appreciate it.  And you might just feel that you weren’t getting your money’s worth.   Further, the Rules of General Practice require attorneys to wear appropriate courtroom attire Most attorneys in any jurisdiction instinctively get this, but fashion history has given us some unfortunate exceptions.

The attire of litigants themselves is just as key. Jurors, being human, might easily pick up a guilty vibe from obvious lockup attire. In 1976, the U.S. Supreme Court basically held in Estelle v. Williams that orange would NEVER be the new black (or navy or charcoal gray) in that a defendant could not be compelled to stand trial before a jury while dressed in identifiable prison clothes. The Minnesota Rules of Criminal Procedure 26.03, subd. 2(b) thus state that “[a]n incarcerated defendant or witness shall not appear in court in the distinctive attire of a prisoner.”

For these reasons, it is probably the non-inmate that needs to take the most care in dressing for court.  If you have a lawyer, they’ll likely remind you to dress conservatively.   If you don’t, the Courts’ webpage advises you to “dress conservatively” with “shorts, T-shirts, plunging necklines, and torn clothing” NOT being appropriate Also, rare is the juror or judge that will be impressed by your tattoos or underwear.  For more detailed guidelines, consult this dress code ordered by the Judges of Kent County, Delaware for what to avoid.  Also, the Teen Court of Crowley, Texas offers a great visual guide to court-appropriate attire for younger litigants.  And one last factor to keep in mind:  Even if you outfit isn’t “inappropriate,” bored jurors may become distracted from the merits of your case by the bold details of an unusual outfit.  So play it safe by keeping it simple and understated!

 

DoorwayAnyone familiar with our work knows that we promote local criminal expungement resources. We host the Second Judicial District’s criminal expungement forms clinic and also direct people to VLN’s expungement seminars held throughout the community. By sealing eligible criminal records, expungement allows people get jobs or other opportunities that they couldn’t otherwise.

That is why we took interest in the decision handed down last week by the Minnesota Supreme Court.  In the case of S.A.M.  v. State of Minnesota, the petitioner  plead guilty to second-degree burglary back in 2003, and this felony conviction was deemed a misdemeanor for sentencing under Minn. Stat §609.13.  Petitioner was released from probation less than three years later, having completed all court-ordered conditions.  He petitioned for expungement of this offense in 2015, almost immediately after Minnesota’s expungement law was reformed. (To the casual observer, S.A.M. appeared to be the ideal expungement candidate:  With no other criminal history since the burglary, he had since gotten his bachelors degree, purchased a home, stopped drinking, stepped up to raise his child, and had long ceased contact with his co-burglars.) But the district court denied his petition, stating that he was ineligible under Minn. Stat. §609A.02, since he had not technically been “convicted” of a misdemeanor, and could not apply for expungement under subd. 3(a)(3) of the statute.  (Burglary is not on the list of expungible felonies, so S.A.M. could not petition under subd3(a)(5).)  The Court of Appeals affirmed.

The Minnesota Supreme Court analyzed the expungement statute and Minn. Stat §609.13.  Writing for a tight 4-3 majority, Justice Anderson concluded that the expungement statute and its “was convicted” language requires a court to look at a petititioner’s status at the time he “was convicted.”  S.A.M. was thus not entitled to seek expungement through the misdemeanor option.  It also held that the Legislature could not have intended for its incrementally-listed, successively harsher, expungement options to be upended by stayed impositions that get called misdemeanors only by virtue of Minn. Stat §609.13.  Justice Lillehaug wrote a forceful dissent, asserting that by the plain words of Minn. Stat §609.13,  petitioners felony conviction was “deemed to be for a misdemeanor.”  He further wrote that the expungement statute created multiple “doorways” for seeking expungement, which are not themselves”destinations.”  The law still required district courts to consider the severity of the underlying crime and any mitigating or aggravating factors.  And due to the ambiguity of the expungement statute, “was convicted” could just as easily be read through the lens of the “deemed” language of Minn. Stat §609.13.  Justice Lillehaug concluded with his hope that “the Legislature will clarify the expungement statute to reopen this door.”

The impact of this decision could be huge.  An amicus brief in the case noted that district court judges across the state granted more than 26,000 stays of imposition from 2008 to 2012, but some of these might have involved otherwise-expungible felonies.  If you have ever read the expungement law and found it unclear, this decision shows that you are not alone. If you are interested in seeking expungement and not sure how this decision affects you, it is all the more reason to come to an expungement clinic and discuss your case with a lawyer.