In re the Welfare of J.J.P.

811 N.W.2d 125, 2012 WL 171407, 2012 Minn. App. LEXIS 10
CourtCourt of Appeals of Minnesota
DecidedJanuary 23, 2012
DocketNo. A11-1146
StatusPublished
Cited by1 cases

This text of 811 N.W.2d 125 (In re the Welfare of J.J.P.) is published on Counsel Stack Legal Research, covering Court of Appeals 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., 811 N.W.2d 125, 2012 WL 171407, 2012 Minn. App. LEXIS 10 (Mich. Ct. App. 2012).

Opinion

OPINION

LARKIN, Judge.

Appellant J.J.P. challenges the denial of his petition for expungement under Minn. Stat. § 260B.198, subd. 6. Appellant contends that an order for expungement of records held by executive-branch agencies is consistent with the plain language of section 260B.198, subdivision 6. Appellant also argues that the juvenile division of the district court abused its discretion by basing its denial on separation-of-powers principles that restrict the judiciary’s inherent authority to grant an expungement and on chapter 609A, which governs the expungement of criminal records. In this case of first impression, we conclude that under [127]*127section 260B.198, subdivision 6, the district court may expunge records that are held by executive-branch agencies. We further conclude that in this case, the district court abused its discretion by denying expungement based on inapplicable statutes and principles, instead of the established principles that govern dispositional decision-making in juvenile-delinquency cases. We therefore reverse and remand.

FACTS

Appellant J.J.P. is a licensed emergency medical technician (EMT) and has worked with an ambulance service provider since 2007. He also works as a firefighter. In addition, appellant is currently studying at a local college to become a paramedic. But appellant’s educational and career paths have recently been impeded by his juvenile-delinquency history.

In 2002, when appellant was 17 years old, he entered the Town and Country Golf Course, which was closed, and attempted to remove several food and beverage items from the snack bar. Based on this conduct, the state filed a petition in the juvenile division of the district court, alleging that appellant was delinquent. Approximately two weeks later, the state filed a second allegation of delinquency against appellant, based on an unrelated shoplifting incident. Appellant admitted charges of burglary and theft and was adjudicated delinquent.

In 2007, appellant filed a pro se petition requesting expungement of his judicial-branch records. Appellant did not request expungement of records held by the Minnesota Department of Human Services (DHS). The district court granted appellant’s petition for expungement, but limited its order to “[a]ll official records held by the Fourth Judicial District Court— Juvenile Division, other than the non-public record retained by the Bureau of Criminal Apprehension.”

On September 17, 2010, the DHS disqualified1 appellant from completing his clinical coursework, stating that his juvenile record barred him from “any position allowing direct contact with, or access to, persons receiving services from programs licensed by the Department of Human Services and the Minnesota Department of Health, from programs serving children or youth licensed by the Department of Corrections, and from unlicensed Personal Care Provider Organizations.” Appellant requested reconsideration of this decision. Appellant also petitioned the district court to expunge “all of BCA’s records as well as those records held at the Minnesota Department of Health and the Minnesota Department of Human Services.” Appellant requested expungement so he could continue his education.

After a hearing and briefing on appellant’s request for expungement, the district court denied appellant’s petition. This appeal follows.

ISSUES

I. Does Minn.Stat. § 260B.198, subd. 6, allow the district court to order the expungement of records held by executive-branch agencies?

II. Do the separation-of-powers principles that otherwise restrict the judiciary’s inherent authority to grant ex-pungement apply when deciding whether to grant an expungement under Minn.Stat. § 260B.198, subd. 6?

[128]*128III. Do Minn.Stat. §§ 609A.01-.03 govern a request for expungement under Minn.Stat. § 260B.198, subd. 6?

IV. Did the district court abuse its discretion in denying appellant’s petition for expungement?

ANALYSIS

This case concerns the district court’s authority to grant a request for expungement under Minn.Stat. § 260B.198, subd. 6, and, more specifically, whether the district court may order ex-pungement of records that are held by executive-branch agencies. “Statutory interpretation is a question of law, which this court reviews de novo.” State v. L.W.J., 717 N.W.2d 451, 455 (Minn.App.2006). But we review the district court’s decision to grant or deny an expungement petition under an abuse-of-discretion standard. State v. Davisson, 624 N.W.2d 292, 296 (Minn.App.2001), review denied (Minn. May 15, 2001).

Appellant requested expungement under Minn.Stat. § 260B.198, subd. 6, which authorizes the judiciary to “expunge [an] adjudication of delinquency at any time that it deems advisable,” except in circumstances inapplicable here.2 Appellant argues that under section 260B.198, subdivision 6, the district court may expunge records held by executive-branch agencies. Appellant also argues that the district court erred by denying his expungement petition based on separation-of-powers principles that restrict the judiciary’s inherent authority to grant an expungement and on chapter 609A, which governs the expungement of criminal records. We address each argument in turn.

I.

We first address whether an ex-pungement order under section 260B.198, subdivision 6, may apply to records held by executive-branch agencies. Appellant argues that the plain language of section 260B.198, subdivision 6, is consistent with an order for expungement of records held by the executive branch. Appellant’s argument is persuasive: the unambiguous language of section 260B.198, subdivision 6, does not restrict the reach of an ex-pungement order under the statute. And we view the legislature’s failure to impose any limits on the expungement authority granted under section 260B.198, subdivision 6, in the context of its demonstrated ability to impose detailed procedural requirements and restrictions in other ex-pungement statutes. See Minn.Stat. §§ 609A.01-.03. If the legislature intended to restrict the reach of an expungement order under section 260B.198, subdivision 6, it easily could have done so. And it is not appropriate for this court to read such restrictions into the statute. See Asian Women United of Minn. v. Leiendecker, 789 N.W.2d 688, 693 (Minn.App.2010) (“Courts are bound by the statutes as written and may not supply by construction that which the legislature purposefully omits or inadvertently overlooks.” (quotation omitted)).

Because the language of section 260B.198, subdivision 6, is plain and unambiguous, we have “neither the need nor the permission to engage in statutory interpretation.” Mut. Serv. Cas. Ins. Co. v. League of Minn. Cities Ins. Trust, 659 N.W.2d 755, 760 (Minn.2003). We nonetheless observe that rules statutory interpretation support our decision. For example, in ascertaining legislative intent, [129]*129courts presume that the legislature does not intend results that are “absurd, impossible of execution, or unreasonable.” Minn.Stat. § 645.17 (2010).

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Related

In re the Welfare of J.J.P.
831 N.W.2d 260 (Supreme Court of Minnesota, 2013)

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Bluebook (online)
811 N.W.2d 125, 2012 WL 171407, 2012 Minn. App. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-jjp-minnctapp-2012.