State v. NGK

770 N.W.2d 177, 2009 WL 2225805
CourtCourt of Appeals of Minnesota
DecidedJuly 28, 2009
DocketA08-1437
StatusPublished

This text of 770 N.W.2d 177 (State v. NGK) 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. NGK, 770 N.W.2d 177, 2009 WL 2225805 (Mich. Ct. App. 2009).

Opinion

770 N.W.2d 177 (2009)

STATE of Minnesota, et al., Respondents Below,
City of Crystal, Appellant,
v.
N.G.K., Respondent.

No. A08-1437.

Court of Appeals of Minnesota.

July 28, 2009.

*178 Peter A. MacMillan, Michele R. Wallace, MacMillan, Wallace, Athanases & Patera, P.A., Minneapolis, MN, for appellant.

N.G.K. pro se respondent.

Considered and decided by PETERSON, Presiding Judge; JOHNSON, Judge; and STAUBER, Judge.

OPINION

JOHNSON, Judge.

Eleven years after his conviction of gross-misdemeanor theft, N.G.K. sought to expunge the records of the conviction. The district court ordered the expungement of all records of N.G.K.'s conviction possessed by the judicial branch and some records of the conviction possessed by certain *179 offices of the executive branch. The City of Crystal appeals. We conclude that the district court did not err by ordering the expungement of records possessed by the judicial branch but that the district court erred by ordering the expungement of records possessed by the executive branch. Therefore, we affirm in part and reverse in part.

FACTS

In June 1997, the state charged N.G.K. with gross-misdemeanor theft in violation of Minn.Stat. § 609.52, subds. 2(1), 3(4) (1996). He pleaded guilty. The district court sentenced him to 30 days in jail but stayed the jail sentence for one year and imposed a $200 fine. It appears from the record that N.G.K. abided by the terms of his stayed sentence and was not required to serve time in jail.

In March 2008, N.G.K. petitioned the district court for an order expunging all state government records of his 1997 conviction. In the petition, N.G.K. stated that he was being excluded from employment opportunities and was concerned about his ability to qualify for the financing necessary to purchase a home. N.G.K. served the petition on eight offices of the executive branch: the Office of the Hennepin County Sheriff, the Office of the Hennepin County Attorney, the Minnesota Department of Corrections, the Hennepin County Department of Community Corrections, the Minnesota Bureau of Criminal Apprehension, the Office of the Minnesota Attorney General, the Crystal Police Department, and the Crystal City Attorney.

In May 2008, the district court held an evidentiary hearing at which N.G.K. testified. The City of Crystal and the three state agencies identified above opposed the motion via memoranda filed with the district court. None of the executive-branch offices that were served with the petition made an appearance at the district court hearing.

In June 2008, the district court issued an order granting N.G.K.'s petition in part and denying it in part. With respect to records possessed by the judicial branch, the district court ordered that all records "concerning the above-entitled matter, including records of arrest, citation, and charges relative to the offense," be sealed and that the court administrator "refrain from disclosing or revealing the contents thereof without further Order of the Court." With respect to records possessed by the executive-branch offices that were served with the petition, the district court noted "the limitations on the Court's authority in this type of case" and ordered that the records be sealed "to the extent that no records are public regarding any pleas, findings, convictions, warrants issued by the Court, or any other data generated as part of judicial proceedings." The city appeals.

ISSUES

I. Did the district court err by ordering the expungement of records possessed by the judicial branch?

II. Did the district court err by ordering the expungement of records possessed by certain offices of the executive branch?

ANALYSIS

I.

The city first argues that the district court erred by granting N.G.K.'s petition for expungement with respect to records possessed by the judicial branch. There are two legal bases for the expungement of criminal records: Minnesota Statutes chapter 609A and a court's inherent authority. State v. Ambaye, 616 N.W.2d 256, 257 (Minn.2000). In this case, N.G.K. sought expungement pursuant to the *180 court's inherent authority. A district court's exercise of its inherent authority to expunge records that are located within the judicial branch is a matter of equity, which this court reviews under an abuse-of-discretion standard of review, id., although findings of fact underlying a district court's decision will be set aside if they are clearly erroneous, State v. H.A., 716 N.W.2d 360, 363 (Minn.App.2006).

A district court may exercise its inherent authority to expunge criminal records in two situations. Ambaye, 616 N.W.2d at 258. First, a court may order expungement to prevent a serious infringement of a petitioner's constitutional rights. Id. Second, a court may use its inherent authority 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." Id. (quotation omitted). Because N.G.K. has not alleged a violation of his constitutional rights, we analyze only the second rationale for expungement pursuant to a court's inherent authority.

When determining whether the benefit to a petitioner of expungement is commensurate with the disadvantages to the public, a district court should consider five factors:

(a) the extent that a petitioner has demonstrated difficulties in securing employment or housing as a result of the records sought to be expunged; (b) the seriousness and nature of the offense; (c) the potential risk that the petitioner poses and how this affects the public's right to access the records; (d) any additional offenses or rehabilitative efforts since the offense, and (e) other objective evidence of hardship under the circumstances.

H.A., 716 N.W.2d at 364. In this case, the district court considered each of these factors, stating that N.G.K. "has shown that he has had difficulty finding new employment due to this record"; that "[t]he offense is a non-violent misdemeanor"; that "the public's right to access these records will be impaired"; and that N.G.K. "has rehabilitated himself," "has had no new charges since the offense," and "has been gainfully employed." The district court concluded, "In applying the balancing test, the Court finds that [N.G.K.] proved by clear and convincing evidence that the benefits [he] would receive are commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing and enforcing an expungement order."

The city contends that N.G.K. "alleged no specific incident of a detriment" and "alleged only in generalities that he was having difficulty moving up in his career and that he feared he may be held back from buying a home due to the record of his conviction." This argument goes to the first factor, whether a petitioner has "demonstrated difficulties in securing employment or housing as a result of the records sought to be expunged." H.A., 716 N.W.2d at 364.

The city is correct that a petitioner may not justify expungement with "speculative" evidence. See Barlow v. Commissioner of Pub. Safety,

Related

Murphy v. Milbank Mutual Insurance Co.
388 N.W.2d 732 (Supreme Court of Minnesota, 1986)
In Re Quinn
517 N.W.2d 895 (Supreme Court of Minnesota, 1994)
Barlow v. Commissioner of Public Safety
365 N.W.2d 232 (Supreme Court of Minnesota, 1985)
Dailey v. Chermak
709 N.W.2d 626 (Court of Appeals of Minnesota, 2006)
State v. Schultz
676 N.W.2d 337 (Court of Appeals of Minnesota, 2004)
State Farm Mutual Automobile Insurance Co. v. Spartz
588 N.W.2d 173 (Court of Appeals of Minnesota, 1999)
Dixon v. Depositors Insurance Co.
619 N.W.2d 752 (Court of Appeals of Minnesota, 2000)
State v. Ambaye
616 N.W.2d 256 (Supreme Court of Minnesota, 2000)
Powell v. Anderson
660 N.W.2d 107 (Supreme Court of Minnesota, 2003)
State v. C. A.
304 N.W.2d 353 (Supreme Court of Minnesota, 1981)
State v. M. C.
304 N.W.2d 362 (Supreme Court of Minnesota, 1981)
State v. P.A.D.
436 N.W.2d 808 (Court of Appeals of Minnesota, 1989)
State v. T.M.B.
590 N.W.2d 809 (Court of Appeals of Minnesota, 1999)
In re Clerk of Lyon County Courts' Compensation
241 N.W.2d 781 (Supreme Court of Minnesota, 1976)
State v. H.A.
716 N.W.2d 360 (Court of Appeals of Minnesota, 2006)
State v. V.A.J.
744 N.W.2d 674 (Court of Appeals of Minnesota, 2008)
State v. S.L.H.
755 N.W.2d 271 (Supreme Court of Minnesota, 2008)
State v. N.G.K.
770 N.W.2d 177 (Court of Appeals of Minnesota, 2009)

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Bluebook (online)
770 N.W.2d 177, 2009 WL 2225805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ngk-minnctapp-2009.