State v. M.D.T.,, Minn.Ct.App. (4/9/2012). Hats off to District Court Judge Timothy K. Connell, and to the panel of the court of appeals - Klaphake, Presiding Judge; Stoneburner, Judge; and Cleary, Judge - for expunging both judicial and executive records of a conviction, and then upholding that expungment. This quote sort of sums it up:
In our view, if the effects of a minor forgery offense linger for a lifetime, prohibiting meaningful employment, the punishment for that crime is “excessive” and eviscerates that person’s fundamental rights. See James W. Diehm, Federal Expungement: A Concept in Need of a Definition, 66 St. Johns L.R.J. 73, 80 (1992) (noting that expungement is often afforded to “defendants [who] were young at the time of the offense and have since led an exemplary life”). If society has an interest in criminal rehabilitation or even a broader economic interest in encouraging, or at least, not precluding, a person convicted of a minor crime from eventually obtaining employment, those interests are not furthered by the existing law. An individual’s fundamental rights to obtain employment and housing are affected by a criminal record, as is an individual’s right to be free from excessive punishment.
Well, you can sort of see this one making a bee line to the Supreme Court. Get those petitions in quickly!
7/9/12: Sure enough, the Supreme Court has granted review. Order available here.
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