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Order Concerning Sealing Of Records No Conviction Form. This is a Minnesota form and can be use in District Court Statewide.
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Tags: Order Concerning Sealing Of Records No Conviction, EXP-105, Minnesota Statewide, District Court
EXP105StateENG Rev 4/15www.mncourts.gov/formsPage 1 of 3State of Minnesota District Court County Select County Court File Number: Judicial District: Case Type: Criminal Order Concerning Sealing / Expunging of Records (Minn. Stat. 247 609A.02, subd. 3) State of Minnesota, Plaintiffvs. Defendant (first, middle, last) Date of Birth On (date), the Court considered the Petition for Expungement in the above matter.Appearances were: Petitioner (Petitioner is the same person as the Defendant in the underlying criminal matter) Prosecuting Authority: Other WaivedThe Court finds: 1.The Petitioner was charged with the crime(s) of: 2. The above-entitled criminal action was determined in favor of the Petitioner; The Petitioner successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication; The Petitioner was convicted of or received a stayed sentence for a pettymisdemeanor or misdemeanor and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime; The Petitioner was convicted of or received a stayed sentence for a grossmisdemeanor and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime; or American LegalNet, Inc. www.FormsWorkFlow.com EXP105StateENG Rev 04/15www.mncourts.gov/formsPage 2 of 3 The Petitioner was convicted of or received a stayed sentence for a felony violation of an offense listed in Minn. Stat. 247 609A.02, subd. 3(b): and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime. 3.The Petitioner has petitioned for the sealing of all records relating to an arrest, indictment or information, trial or verdict.4.Petitioner was not convicted of an offense that requires registration under Minn. Stat. 247 243.166.5. The Petitioner has established that he/she has not been convicted of a felony or grossmisdemeanor, either within or without the state, within the ten years immediately before the dismissal prior to a determination of probable cause, the prosecuting authority's decision to decline to file charges, or the grand jury's decision not to return an indictment.6.Proper notice has has notbeen given including notice to any victim if required.7. For petitions filed under Minn. Stat. 247 609A.02, subd. 3(a)(3-5) (petitioner wasconvicted or received a stayed sentence), the Petitioner has has notestablished by clear and convincing evidence that expunging the record would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of sealing the record and burdening the court and public authorities to issue, enforce, and monitor an expungement order, as required by Minn. Stat. 247 609A.03, subd. 5(a): OR For petitions filed under Minn. Stat. 247 609A.02, subd. 3(a)(1) (all actions orproceedings resolved in petitioner's favor), or subd. 3(a)(2) (petitioner successfully completed terms of diversion or stay or adjudication), the law enforcement agency, government agency, or jurisdiction whose records would be affected has has notestablished by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the Petitioner of not sealing the record, as required in Minn. Stat. 247 609A.03, subd. 5(b): 8.There is is nota nexus between the criminal record to be expunged and the Petitioner's status as a crime victim.IT IS ORDERED: 1. Petitioner's request for sealing/expunging of records is denied. 2. Petitioner's request for sealing/expunging of records is granted. All official records, American LegalNet, Inc. www.FormsWorkFlow.com EXP105StateENG Rev 04/15www.mncourts.gov/formsPage 3 of 3including all records relating to the arrest, indictment or complaint, trial and dismissal, shall be sealed by the agencies indicated in paragraph 4 below and the existence not disclosed without court order, except as authorized by law. 3. That for this offense only, all finger and thumb prints, photographs and otheridentification data except for DNA samples, and all copies of duplicates thereof, shall be sealed by the agencies indicated in paragraph 4 below. 4. This order applies to the following agencies: District Court County Sheriff City Attorney Bureau of Criminal Apprehension Department of Corrections Department of Public Safety Minnesota Attorney General County Attorney City Police Dept. Probation / Court Services Department Department of Human Services Department of Natural Resources 5. This order, which finds a nexus between the criminal record and the Petitioner'sstatus as a crime victim, restores the Petitioner to the status occupied before the arrest. The Petitioner will not be guilty of perjury for failure to acknowledge the arrest or proceeding in response to any inquiry made for any purpose. 6. The court administrator shall send a copy of this expungement order to each agencyand jurisdiction whose records are affected, and send a copy of this order to the Petitioner along with notice identifying each agency that was sent a copy of the order.7. The Petitioner shall continue to be prohibited from shipping, transporting,possessing, or receiving a firearm for the remainder of the Petitioner's lifetime if the conviction was for a crime of violence and an order was not issued under Minn. Stat. 247 609.165, subd. 1d. 8. Other: NOTE: This order is stayed for 60 days, during any appeal, and until any remaining restitution or other financial obligation on the case is paid in full. Records will not be sealed until after this time. Dated: Judge of District Court American LegalNet, Inc. www.FormsWorkFlow.com