Findings Of Fact Conclusions Of Law And Order To Seal-Expunge Judicial Records Only {EXP-107}

EXP107StateENG Rev 01/15www.mncourts.gov/formsPage 1 of 3State of Minnesota District Court County Select County Court File Number: Judicial District: Case Type: Criminal Findings of Fact, Conclusions of Law and Order to Seal/Expunge Judicial Records OnlyState of Minnesota, Plaintiffvs. Defendant (first, middle, last) Date of BirthFINDINGS OF FACT1.Petitioner (the Defendant named above) was charged with on froman offense date on or about .2.On , the Petitioner pleaded guilty to the charge / amendedcharge of OROn , the Petitioner was found guilty by the court / a jury of the charge.3.A petition for expungement was properly filed on . The Petitioner hasgiven proper notice to all parties and agencies as required in Minn. Stat. 247 609A.03, subd. 3.4.This case was not resolved in the Petitioner222s favor, and the Petitioner does not qualifyfor expungement under any of the grounds set forth in Minn. Stat. 247 609A.02, subd. 3, therefore the Petitioner is not entitled to an expungement under Minnesota Statute Chapter 609A.5.There is not an infringement of the Petitioner222s constitutional rights.6.The benefits to the Petitioner of receiving an expungement are 7.There is a strong public interest in maintaining accurate public records. The disadvantages to the public of expungement are that the criminal justice system will have inaccurate files about offenders and prosecutors and courts will not know whether or not a defendant is a first time offender. American LegalNet, Inc. www.FormsWorkFlow.com EXP107StateENG Rev 01/15www.mncourts.gov/formsPage 2 of 38.The County / City further argues as clear and convincing evidence why the recordsshould not be sealed that . [ONLY USE IF THERE IS SOMETHINGIN THE LETTER THAT IS NOT INCLUDED IN #7 ABOVE]9.There is clear and convincing evidence that the benefit to the Petitioner is greater thandisadvantage to the public: CONCLUSIONS OF LAW1.Minnesota courts have the inherent power to expunge criminal records in two situations. See State v. C.A., 304 N.W.2d 353, 358 (Minn. 1981); In re R.L.F., 256 N.W.2d 803, 807-08 (Minn. 1977). First, courts may use their inherent expungement power 223where the Petitioner222s constitutional rights may be seriously infringed by retention of his records.224 State v. Ambaye, 616 N.W.2d 256, 258 (Minn. 2000). Second, when a Petitioner222s constitutional rights are not involved, 223the court must decide whether expungement will yield a benefit to the Petitioner commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing and monitoring an expungement order.224 Ambaye, 616 N.W.2d at 258. 2.If the charge is dismissed following a stay of imposition of sentence, it is not a determination in the defendant222s favor. City of St. Paul v. Froysland, 246 N.W.2d 435, 439 (Minn. 1976). [USE ONLY FOR CASES WITH STAY OF IMPOSITION]3.A stay of adjudication with probation is not a resolution in favor of the Petitioner. See State v. Davisson, 624 N.W.2d 292, 296 (Minn. App. 2001). [USE ONLY FOR CASES WITH A STAY OF ADJUDICATION]4.Where there is no infringement of the Petitioner222s constitutional rights, the judicial branch does not have the authority to order non-judicial records sealed in situations where the court used its inherent authority to expunge a record. See State v. Schultz, 676 N.W.2d 337, 345 (Minn. App. 2004). American LegalNet, Inc. www.FormsWorkFlow.com EXP107StateENG Rev 01/15www.mncourts.gov/formsPage 3 of 3ORDER1.Petitioner222s request is GRANTED.2. All judicial branch records concerning the above-entitled matter, including records of arrest, citation, and charges, relative to the offense(s) shall be sealed/expunged.3.The Court Administrator shall seal all files and records relating to the offenses, and refrain from disclosing or revealing the contents thereof without Order of the Court; said officials shall remove references to Petitioner from all index books and computers open to public examination under the caption of these cases or as it relates to the cases.4. This Order is subject to the limitations set forth in Minn. Stat. 247 609A.03.5.This Order shall be stayed for 60 days from the date of filing to allow any affected party to file an appeal. If any appeal is filed, this Order is stayed during the pendency of that appeal. This Order is also stayed until any remaining restitution or other financial obligation is paid in full. Date: Judge of District Court American LegalNet, Inc. www.FormsWorkFlow.com