In re the Welfare of J.J.P.

831 N.W.2d 260, 2013 WL 2220283, 2013 Minn. LEXIS 265
CourtSupreme Court of Minnesota
DecidedMay 22, 2013
DocketNo. A11-1146
StatusPublished
Cited by37 cases

This text of 831 N.W.2d 260 (In re the Welfare of J.J.P.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Welfare of J.J.P., 831 N.W.2d 260, 2013 WL 2220283, 2013 Minn. LEXIS 265 (Mich. 2013).

Opinions

OPINION

DIETZEN, Justice.

This case presents the question of whether Minn.Stat. § 260B.198, subd. 6 (2012), authorizes the district court to expunge juvenile delinquency records held by executive branch agencies. Respondent J.J.P., who was adjudicated delinquent of felony burglary and misdemeanor theft, obtained a district court order expunging his juvenile delinquency records held by the judicial branch. More recently, J.J.P. petitioned the district court to expunge his juvenile delinquency records held by the executive branch. The district court denied the request, but the court of appeals reversed. We conclude that under section 260B.198, subdivision 6, the authority of the district court to expunge juvenile delinquency records in executive branch files is limited to the order adjudicating the juvenile delinquent. Further, to determine whether expungement is advisable within the meaning of section 260B.198, subdivision 6, we conclude that the district court must weigh the benefit to the petitioner against the detriment to the public and the burden on the court. Thus, we affirm in part, reverse in part, and remand.

When J.J.P. was 17 years old, he broke into a golf course clubhouse and removed food and beverage items from the snack bar. Ten days later, he shoplifted a pair of shoes from a department store. The State charged J.J.P. with felony second-degree burglary and misdemeanor theft. J.J.P. admitted to the charges, and in September 2002, the district court adjudicated him delinquent of both offenses.

In February 2008, the district court considered and granted J.J.P.’s pro se petition to expunge records documenting his delinquency history. Yet the court limited its order to “[a]ll official records held by the Fourth Judicial District Court — Juvenile Division, other than the non-public records retained by the Bureau of Criminal Apprehension, including all records relating to [263]*263arrest, indictment or complaint, trial, dismissal and discharge.”

Currently, J.J.P. works as a licensed emergency medical technician and a firefighter. Because his career goal is to be a paramedic, he enrolled in the required clinical coursework at a local college. At the college’s request, the Department of Human Services (DHS) conducted a background check to determine whether J.J.P. was qualified to serve as a paramedic under state law. Based upon J.J.P.’s delinquency-adjudication records in the Bureau of Criminal Apprehension (BCA) file, DHS concluded that J.J.P. was barred from “any position allowing direct contact with, or access to, persons receiving services from programs licensed by DHS and the Minnesota Department of Health.” As a result, DHS disqualified J.J.P. from becoming a paramedic.1

In November 2010, J.J.P. petitioned the district court to expunge his executive branch records, including those held by the BCA, DHS, and Minnesota Department of Health (MDH), on the ground that Minn.Stat. § 260B.198, subd. 6, permitted the court to expunge all of his juvenile delinquency records.2 The district court denied the petition. The court concluded that section 260B.198, subdivision 6 authorized it to expunge executive branch records, and that its exercise of that statutory authority did not implicate the separation-of-powers doctrine. But the court also concluded that J.J.P. did not sufficiently demonstrate a case for expungement under Minn.Stat. ch. 609A (2012), which governs expungement of adult criminal records; that J.J.P. “would not suffer undue hardship” because he could seek a set aside; and that J.J.P. failed to show that the “benefits of granting an expungement ... do not outweigh the potential detriment to society.”

The court of appeals reversed, concluding that the district court abused its discretion in denying J.J.P.’s petition. In re Welfare of J.J.P., 811 N.W.2d 125, 132-33 (Minn.App.2012). The court concluded that the phrase “adjudication of delinquency” in section 260B.198, subdivision 6 granted the district court expansive authority to expunge all juvenile delinquency records held by executive branch agencies, and that expunging executive branch records does not create a separation-of-powers conflict. Id. at 128-30 (internal quotation marks omitted). The court also concluded that the guidelines set forth in Minn. R. Juv. Delinq. P. 15.05, which address the imposition of a disposition in a delinquency ease, rather than the standards articulated in chapter 609A, govern the district court’s discretion to expunge juvenile delinquency records. J.J.P., 811 N.W.2d at 130-32. Consequently, the court remanded for the district court to apply those guidelines to J.J.P.’s petition. Id. at 133.

I.

The State argues the phrase “adjudication of delinquency” in section 260B.198, subdivision 6 should be interpreted narrowly to apply only to juvenile delinquency records prepared and maintained by the judicial branch, and not to records forwarded by the judicial branch to the executive branch or to records separately [264]*264maintained by executive branch agencies.3 J.J.P. counters that “adjudication of delinquency” is not limited to judicial branch records, but logically extends to all records regarding the adjudication of delinquency irrespective of their location.4 J.J.P. asserts that the court can expunge the “adjudication of delinquency” only if it can expunge all documentation of that adjudication.

Statutory interpretation is a question of law, which we review de novo. Schatz v. Interfaith Care Ctr., 811 N.W.2d 643, 649 (Minn.2012). The goal of all statutory interpretation is to ascertain and effectuate the intent of the Legislature. Minn.Stat. § 645.16 (2012). In interpreting statutory language, we give words and phrases their plain and ordinary meaning. Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999). Further, we read a statute as a whole and give effect to all of its provisions. Am. Family Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000). Our first step in interpreting a statute is to examine the text of the statute to determine whether the language is ambiguous. Id. When the statutory language is clear and free of ambiguity, we enforce the plain language of the statute and do not explore its spirit or purpose. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 759 (Minn.2010); see also Minn.Stat. § 645.16 (2012).

Minnesota Statutes § 260B.198, subd. 6, provides:

Except when legal custody is transferred under the provisions of subdivision 1, clause (4), the court may expunge the adjudication of delinquency at any time that it deems advisable.

Minn.Stat. § 260B.198, subd. 6.5 The parties and amici vigorously dispute the meaning of the phrase “adjudication of delinquency,” and the phrase “at any time that [the court] deems advisable.”

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Bluebook (online)
831 N.W.2d 260, 2013 WL 2220283, 2013 Minn. LEXIS 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-jjp-minn-2013.