Success Stories

Arneson & Geffen has helped numerous individuals obtain expungement of criminal records and juvenile records. These are a few of our recent victories under the second chance law as well as some notable appellate decisions.

All the Way To The Minnesota Supreme Court And Back Again. After the Department of Human Services disqualified our client from working in his dream job as an EMT, Arneson & Geffen sought expungement of his juvenile record. The District Court granted expungement of the record and DHS appealed. The Court of Appeals agreed with the District Court and affirmed the expungement. DHS sought review of the Court of Appeals' decision, and the Minnesota Supreme Court ruled that DHS did not have to seal its record. After this decision, the State Legislature acted and rewrote the juvenile expungement statute. This second chance law now allows Courts to order agencies like DHS to seal their records. In January 2015, Arneson & Geffen returned to the District Court under the new second chance law, and the District Court granted our client's expungement. DHS must now seal their record and our client's juvenile record will not stop him from becoming an EMT.

The Meaning Of Clear and Convincing Evidence. Arneson & Geffen represented an individual before the Minnesota Court of Appeals after DHS appealed the District Court's decision to seal its record. In this situation, because the criminal charge was dismissed, DHS had to meet a high burden to show that it should keep its record. The Court of Appeals ruled that DHS had to show real and particularized harm in sealing the record, and DHS' objection to the expungement could not be so general that it could be submitted in every expungement case. The Court Ordered DHS to seal its records of our client's criminal charge. Our client is now able to work in facilities licensed by DHS and the Minnesota Department of Health.

Misdemeanor Theft Ordered Expunged Under Second Chance Law. Our client pled guilty to misdemeanor theft after a college prank. His conviction prevented him from obtaining a promotion at work. Last year, Arneson & Geffen obtained expungement of his judicial branch records. In 2015, Arneson & Geffen returned to Court to seek expungement of executive branch agencies as well. The Court granted our client's expungement.

Misdemeanor Possession of Marijuana Ordered Expunged Under Second Chance Law. Our client pled guilty to misdemeanor possession of marijuana five years ago. His criminal record was preventing him from getting a job or leasing an apartment in his name. The Court granted our client's expungement.