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Order Sealing Record Conviction Form. This is a Minnesota form and can be use in District Court Statewide.
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Tags: Order Sealing Record Conviction, EXP-106, Minnesota Statewide, District Court
EXP106StateENG Rev 1/15www.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. 1 or 2) State of Minnesota, Plaintiffvs. Defendant (first, middle, last) Date of Birth On(date), the Court considered the Petition for Expungement in the abovematter.Appearances were: Petitioner (Petitioner is the same as the Defendant in the underlying criminal matter) Prosecuting Authority Other WaivedUpon the files and records, the court finds:1. On(date) in the District Court of County, thePetitioner: Entered a plea or was found guilty of the crime of and was sentenced pursuant to Minn. Stat. 247152.18. OR Entered a plea or was found guilty of following certification or reference to district court for prosecution pursuant to Minn. Stat. 247 260B.125. 2.Petitioner was not convicted of an offense that requires registration under Minn. Stat. 247 243.166. 3.The Petitioner was discharged by the commissioner of corrections, or was placed on probation and an order discharging the Petitioner from probation has been filed and/or the proceedings dismissed. American LegalNet, Inc. www.FormsWorkFlow.com EXP106StateENG Rev 01/15www.mncourts.gov/formsPage 2 of 34.Proper service has has notbeen given including notice to any victim(s) ifrequired.5.There is is notclear and convincing evidence that sealing the record wouldyield a benefit to Petitioner commensurate with the disadvantages to the public and public safety of: (1) sealing the record; and (2) burdening the court and public authorities to issue, enforce, and monitor an expungement order. (Minn. Stat. 247 609A.03, subd. 5(a)): 6.There is is nota nexus between the criminal record to be expunged and the Petitioner's status as a crime victim.Upon the Findings of the Court and the files and records herein,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,including 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 seals the record of proceedings under section 152.18 or findsa nexus between the criminal record and the Petitioner's status as a crime victim, restores the Petitioner to the status occupied before the arrest or charge. 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. American LegalNet, Inc. www.FormsWorkFlow.com EXP106StateENG Rev 01/15www.mncourts.gov/formsPage 3 of 37. 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