State v. A.S.E.

835 N.W.2d 513, 2013 WL 4404651, 2013 Minn. App. LEXIS 81
CourtCourt of Appeals of Minnesota
DecidedAugust 19, 2013
DocketNos. A13-0116, A13-0117
StatusPublished
Cited by7 cases

This text of 835 N.W.2d 513 (State v. A.S.E.) 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
State v. A.S.E., 835 N.W.2d 513, 2013 WL 4404651, 2013 Minn. App. LEXIS 81 (Mich. Ct. App. 2013).

Opinion

OPINION

HUDSON, Judge.

In these consolidated expungement appeals, the state argues that (1) respondent is not entitled to expungement of records held by the judicial branch; and (2) the district court’s inherent authority does not extend to expungement of executive-branch records. Because the district court exceeded the scope of its inherent authority in ordering expungement of executive-branch records and failed to make sufficient findings to support expungement of judicial-branch records, we reverse the ex-pungement orders and remand for findings.

FACTS

In September 1996, respondent A.S.E. pleaded guilty to felony theft by wrongfully obtaining welfare benefits in violation of Minn.Stat. § 256.98, subd. 1 (1994). In March 1997, a jury found respondent guilty of misdemeanor fifth-degree assault in violation of Minn.Stat. § 609.224, subd. 1 (1996). A.S.E. was discharged from probation for each offense in 1999.

In October 2012, respondent filed two petitions requesting expungement of the convictions. Respondent argued that retention of the records infringed upon her constitutional rights and that the benefits to her in terms of employment, educational licensure, and housing outweighed the burdens expungement would impose on the public and the court.

Following a hearing in December 2012, the district court issued orders granting each petition, holding that there was “clear and convincing evidence that sealing the record would yield 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.” The district court made no findings to support this determination either at the hearing or in its orders, relying on a template order for expungement.1 The orders sealed all judicial- and executive-branch records relating to the convictions. The state timely appealed both orders, and we subsequently granted respondent’s motion to consolidate the appeals.

ISSUES

I. Did the district court exceed its inherent authority when it expunged executive-branch records of respondent’s criminal convictions?

II. Did the district court abuse its discretion by using its inherent authority to expunge judicial-branch records of respondent’s criminal convictions?

ANALYSIS

I

Appellant argues that the district court exceeded its inherent authority by [516]*516ordering expungement of executive-branch records of respondent’s convictions. Minnesota courts have both statutory and inherent authority to expunge criminal records. State v. M.D.T., 831 N.W.2d 276, 279 (Minn.2013); see also Minn.Stat. §§ 609A.01-.03 (2012).2 Minn.Stat. § 609A.02 allows for expungement under a limited set of circumstances, none of which are present here.3 Determining whether the district court exceeded the scope of its inherent authority to expunge criminal records is a question of law, which we review de novo. M.D.T., 831 N.W.2d at 279.

After the district court issued its orders, the supreme court released its opinion in M.D.T., clarifying the scope of the district court’s inherent authority to expunge records held by the executive branch. M.D.T. held that the judicial branch does not have the inherent authority to order expungement of executive-branch records because it is “not necessary to the performance of a unique judicial function.” Id. at 283. However, there is an exception to this rule that

[ejxpungement becomes essential to the performance of the courts’ fundamental function of protecting legal rights only when a petitioner’s rights have been violated. Thus, absent evidence that executive agents abused their discretion in the performance of a governmental function, the judiciary may not interfere with the executive’s record-keeping function by ordering the expungement of its records.

State v. T.M.B., 590 N.W.2d 809, 812 (Minn.App.1999), review denied (June 16, 1999). This exception is “well settled.” State v. L.W.J., 717 N.W.2d 451, 456 (Minn.App.2006).

Respondent argues that her theft conviction falls under this exception because agents of the executive branch abused their discretion in the execution of her theft sentence. Respondent claims this occurred when she was charged restitution in excess of what she actually owed. But the evidence submitted by respondent, consisting of a letter from Hennepin County and a check stub from Dakota County, establishes that the county recalculated the AFDC overpayments, determined that respondent had been overcharged, and reimbursed respondent for the net overpayment amount. Because respondent was reimbursed, and because there is no evidence the error was intentional or malicious, this mistake does not constitute an abuse of discretion by agents performing an executive function that would require expungement of executive-branch records. We conclude that the district court exceeded its authority by expunging executive-branch records, and we reverse that portion of the district court’s orders.

II

Appellant argues that the district court abused its discretion by expunging [517]*517records of respondent’s convictions held in the judicial branch. The district court has inherent authority to order expungement of criminal records held in the judicial branch as part of “the inherent power of the court to control its internal records.” M.D.T., 831 N.W.2d at 282 (quoting State v. C.A., 304 N.W.2d 353, 361 (Minn.1981)). We review a district court’s exercise of its inherent authority to expunge criminal records for abuse of discretion. State v. Ambaye, 616 N.W.2d 256, 261 (Minn.2000). A district court’s findings of fact supporting expungement will not be set aside unless clearly erroneous. State v. H.A., 716 N.W.2d at 363.

A district court may exercise its inherent expungement authority if “the petitioner’s constitutional rights may be seriously infringed by retention of [her] records” or if “expungement will yield a benefit to the petitioner commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing and monitoring an expungement order.” Am-baye, 616 N.W.2d at 258 (quotations omitted).

The district court granted each petition for expungement, stating that there was clear and convincing evidence that the benefit of expungement to the petitioner was commensurate with the disadvantages to the public. In reaching such a determination, the district court is to consider

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Bluebook (online)
835 N.W.2d 513, 2013 WL 4404651, 2013 Minn. App. LEXIS 81, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ase-minnctapp-2013.