ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Administrative Law Blogs -> Within the Scope

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Administrative Law

: Within the Scope

The Reach That is Needed for a Meaningful Remedy

By E.L. Lipman

ADVERTISEMENTS
In an important published decision issued today, a panel of the Minnesota Court of Appeals held that the District Courts have the authority to direct the expungement of judicially-created records ? even if those records have been transferred to, and are held by, agencies in the Executive Branch. Noting that courts may reach these records ?when doing so is necessary or conducive to providing a meaningful remedy? for the petitioner seeking expungement, Judge Renee Worke wrote for the appellate panel:
[T]he records sought to be expunged were not merely created for use in a judicial proceeding but, rather, were generated as a result of a judicial proceeding. The public information generated in the district court and disseminated to the [Bureau of Criminal Apprehension], which maintains custodianship of this information, includes: offense, court of conviction, date of the conviction, and sentence information. Therefore, when a district court orders an expungement of a criminal record by way of its inherent authority, that expungement order includes the judicially created public record maintained by the BCA.
The panel?s complete analysis, and a special concurring opinion from Judge Gordon Shumaker, is accessible here.

Because the decision arrives like Cupid's arrow, it will be interesting to learn if it will be the object of affection, or rebuffed at the door, during this Valentine's Day event on Thursday.

Full post as published by Within the Scope on February 12, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0135 secs (new cache)