State v. M.D.T.

815 N.W.2d 628, 2012 WL 1149347, 2012 Minn. App. LEXIS 34
CourtCourt of Appeals of Minnesota
DecidedApril 9, 2012
DocketNo. A11-1285
StatusPublished
Cited by2 cases

This text of 815 N.W.2d 628 (State v. M.D.T.) 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. M.D.T., 815 N.W.2d 628, 2012 WL 1149347, 2012 Minn. App. LEXIS 34 (Mich. Ct. App. 2012).

Opinion

OPINION

KLAPHAKE, Judge.

Five years after entering an Alford plea to a felony charge of aggravated forgery for altering the dosage of a prescription cold medicine, respondent petitioned the district court for expungement of her criminal records. The district court granted the petition as to both respondent’s criminal records generated and maintained by the judicial branch and those generated by the judicial branch and maintained by the executive branch. Appellant challenges that decision.

FACTS

On February 7, 2006, respondent M.D.T. was arrested after she submitted to a Wor-thington Shopko pharmacy an altered prescription for the cold medicine Robitussin, which contains codeine, a controlled substance. After her arrest, M.D.T. gave a statement to police in which she admitted to altering the prescription dosage from 200 milliliters to 400 milliliters. She stated that she made the alteration because she did not have enough money for another prescription and could not afford to return to the doctor if the prescription did not work. Respondent’s criminal record included no other offenses.

The state charged respondent with two counts of felony-level aggravated forgery, [631]*631Minn.Stat. § 609.625, subds. 1(1) (making or altering), 8 (2006) (uttering or possessing), and one count of felony-level controlled substance crime (procurement by fraud) in violation of Minn.Stat. § 152.025, subd. 2(a)(2)(i) (2006). Respondent entered an Alford plea on one of the aggravated forgery counts (uttering or possessing).

At sentencing, the district court stayed imposition of sentence, placed respondent on three years’ probation, and ordered her to pay an $879 fíne, among other conditions. On February 5, 2008, respondent was discharged early from probation and her remaining fíne was forgiven.

Thereafter, respondent petitioned pro se for expungement of her criminal records on two occasions. In the first pro se petition, filed on September 2, 2008, respondent asked for expungement to permit her to “move on with my life” and “start my career ... in business management and accounting,” and she claimed that she was rehabilitated because she followed all court orders and had a “good steady job.” The district court denied respondent’s petition after finding that she had failed to provide clear and convincing evidence either that she had rehabilitated herself in such a short period or that expungement would yield a benefit to her that was commensurate with the public detriment of elimination of her record and the burden of issuing and administering the expungement order.

In the second and most recent expungement petition filed on January 1, 2011, respondent was represented by legal counsel and submitted a lengthy account of the steps she took to rehabilitate herself, documenting her job history, history of job dismissals and job application rejections due to her criminal history, career plans, personal history, education, and her lack of any additional new offenses. With regard to her education, respondent presented evidence of academic achievement in the form of her college transcript and her placement on the deans’ lists at a community college. The petition also included a letter of support from a woman who employed her as a personal care assistant for the employer’s special needs child. The Nobles County Attorney objected to the petition on the basis that the stated reason for the expungement, attainment of employment goals, is not a valid reason for expungement, that expungement is not essential to the judiciary’s core functions, and that the district court lacked the authority to order expungement of records outside the judicial branch.

During the April 12, 2011 hearing on the petition, the district court received into evidence a February 2, 2011 letter from Jon Ramio, the director of Rock Nobles Community Corrections. The letter states that “Rock Nobles Community Corrections would not be opposed to the expungement of this case.”

The district court granted respondent’s motion to expunge the record of her offense. The court concluded that “there is clear and convincing evidence that sealing the record would yield a benefit to [respondent] commensurate with the disadvantages to the public and public safety.” The court noted that “precedence in the area of expungement law regarding the district court’s inherent authority to expunge executive branch records is unclear,” but it found compelling the reasoning and commentary contained in several recent unpublished opinions by this court that “utilize a more expansive view of the Court’s inherent judicial authority to craft a remedy in expungement cases.” In summarizing its reasoning, the court stated:

It is this Court’s opinion that [respondent’s] one-time mistake of altering a minor cold medicine prescription in light [632]*632of [respondent’s] successful completion of probation and subsequent reduced offense level, combined with her otherwise clean criminal history and strong showing of her rehabilitative efforts does not justify the [Bureau of Criminal Apprehension] to hinder [respondent’s] employment progress for 15 years ... The District Court has the inherent judicial authority to seal executive branch records and creates a meaningful remedy in cases such as this one.

The court ordered that

[a]ll official records held by the following agencies, other than the non-public record retained by the Bureau of Criminal Apprehension, including all records relating to arrest, indictment or complaint, trial, dismissal and discharge shall be sealed and their existence shall be disclosed only by court order, except as authorized by law: Nobles District Court, Nobles County Sheriff, Bureau of Criminal Apprehension, Minnesota Attorney General’s Office, Minnesota Department of Corrections, Nobles County Attorney, Worthington City Police Dept., Probation/Court Services Department, Worthington City Attorney.

ISSUES

1. Did the district court abuse its discretion by ordering expungement of respondent’s judicial branch criminal records?

2. Did the district court exceed its authority by ordering expungement of judicial branch records maintained by the executive branch?

ANALYSIS

I.

In an exercise of its discretion, a district court may expunge a person’s criminal records by statute, under Minn.

Stat. § 609A.02, subd. 3 (2010), when the criminal charges were resolved favorably to the person, or for equitable reasons, based on the court’s inherent authority. State v. S.L.H., 755 N.W.2d 271, 274 (Minn.2008). The expungement here is based on inherent authority only. This court reviews expungement decisions under the abuse of discretion standard. State v. Ambaye, 616 N.W.2d 256, 261 (Minn.2000). In expungement matters, the district court must make factual findings to support its exercise of discretion, and its findings will not be reversed unless clearly erroneous. H.A., 716 N.W.2d at 363.

Appellant first challenges the district court’s exercise of its inherent authority to order expungement of judicial records related to respondent’s conviction.

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Related

State v. M.D.T.
831 N.W.2d 276 (Supreme Court of Minnesota, 2013)

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Bluebook (online)
815 N.W.2d 628, 2012 WL 1149347, 2012 Minn. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mdt-minnctapp-2012.