Minnesota’s Inherent Authority Criminal Expungement Law: Two Years After State v. S.L.H.

5 Wm. Mitchell J.L. & Prac. 2

By Lindsay W. Davis[Y]

The Minnesota Supreme Court last considered the issue of the inherent authority expungement, in particular, a district court’s ability to seal records held outside the judicial branch, over two years ago in State v. S.L.H.[1] Since then, individuals continue to seek relief from the effects of their criminal records, and the number of expungement petitions has remained steady.[2] The Minnesota Court of Appeals has analyzed inherent authority criminal expungements in several cases since S.L.H., producing two published decisions.[3] This article will explain how the appellate courts have applied and refined S.L.H., and which circumstances may still warrant relief to seal executive-branch records under the court’s inherent authority. Read the rest of this entry »

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