Public Safety as an Expungement Factor: Court of Appeals Says Harm Must Be Actual, Not Just Speculative
If you are seeking to expunge your adult criminal records in Minnesota, the court looks at 12 factors in determining whether to grant your expungement petition. Minn. Stat. 609A.03. The second factor looks at public safety. Specifically, it analyzes, “the risk, if any, the petitioner poses to individuals or society.” This can be a factor that is more difficult than what one thinks at first glance. Judges and prosecutors can have fears about the potential harm to public safety that are more exaggerated than the actual risk. It’s important to take a close look at this factor when petitioning for expungement.
Speculative Harm is Not Enough to be a Public Safety Risk
In 2022, the Minnesota Court of Appeals look at a case where the district court ruled against an expungement on the second factor, “weighing the gravity of the harm that would be inflicted on another child victim." State v. C. L. S., A22-0391 (Minn. Ct. App. Dec 19, 2022). The Minnesota Court of Appeals held that the district court errored as a matter of law for two reasons. First, it did not identify how the sealing of the record “would present a unique or particularized harm to the public.” Second, because the harm must be actual and not just speculative to be counted as a factor against expungement. The district court’s analysis was too generalized and speculative to be in accordance with the law. Therefore, the district court reversed and remanded the case.
Conclusion
If you want to expunge your criminal records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650.
Peter Lindstrom
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his creativity and intelligence. Peter has been successful in getting felonies and violent convictions expunged. If you want your record cleared, you want Peter as your expungement attorney.
