Wilson & Clas Secure Reversal and Remand At Court of Appeals

On Monday, the Minnesota Court of Appeals issued State v. D.V.H., an inherent authority expungement appeal case. D.V.H., the appellant, was represented by Andrew Wilson, an attorney with Wilson & Clas. The firm had requested that the district court seal the records of their client’s 1994 felony conviction for solicitation of a minor. The district court refused to do so, on the basis that it lacked statutory authority to expunge (seal) the records given a subdivision of Minnesota’s expungement statute. The firm disagreed with the court’s ruling and appealed the judge’s ruling to the Minnesota Court of Appeals.

On appeal, the firm argued that the type of expungement D.V.H. was making was not bound by the statute. The Court of Appeals agreed with the firm, reversed the lower court’s denial of the expungement request, and remanded the case back for reconsideration by the district court. The firm’s client will be given a second chance to argue his expungement, with a favorable legal and factual backdrop.

In Minnesota, there are two types of expungements: Statutory expungements under Minn. Stat. § 609A, and inherent authority expungements pursuant to the inherent authority of Minnesota’s courts. The petitioner here was convicted of an offense that could not be expunged under the current version of the expungement statute. The Court’s authority, however, was independent of the legislative action under the doctrine of the separation of powers.

Wilson & Clas handle a significant number of appeals, including bringing criminal and quasi-criminal cases to the Minnesota Court of Appeals, the Minnesota Supreme Court, and the Eighth Circuit Court of Appeals.