How to Appeal an Expungement Order in Minnesota


As citizens, we all make mistakes, sometimes leading to harsh legal consequences. One legal option for individuals in Minnesota is to have their criminal records expunged. An expungement order seals the records of a criminal case, making them inaccessible for public view. This process allows the expunged individual to start fresh without the hindrance of past criminal records. However, the expungement process might sometimes go differently than expected, and an individual might need to appeal an expungement order. In this post, we will give you the details on how to appeal an expungement order in Minnesota.

Grounds for Challenging
To appeal an expungement order, you must first understand the grounds for which the order can be challenged. In Minnesota, an expungement order can be appealed if the court had no jurisdiction over the criminal case, the petitioner’s criminal record contains a mistake, or the court committed a legal error in the original expungement order. Suppose the basis for the appeal is a legal error committed by the court. In that case, the aggrieved party must demonstrate that the mistake unjustly affected the original expungement ruling.


Filing a Notice of Appeal
In Minnesota, appealing an expungement order starts with filing a Notice of Appeal in the same court where the original expungement order was issued. The Notice of Appeal must be filed within 60 days of the date of the final ruling on the original expungement order. After the Notice of Appeal, the parties must submit written briefs summarizing and analyzing the arguments and providing relevant case laws. Additionally, both parties will have the chance to present oral arguments before a three-judge court of the appeals panel.

The court considers the appeal by studying the written briefs and listening to oral arguments, which last about 20-30 minutes each. After the oral arguments, the judges deliberate and make a final decision. For example, the court of appeals might decide to confirm the original expungement order, vacate or reverse the original decision, which sends the case back to the original court for another hearing.

If the aggrieved party is unsatisfied with the court of appeals decision, they can appeal to the Minnesota Supreme Court. The Minnesota Supreme Court is the highest in the state and only hears cases with significant constitutional or legal issues. Filing an appeal with the Minnesota Supreme Court does not guarantee that the court will agree to hear the case; it is at their discretion.

Filing an appeal on an expungement order can be a complicated process. Therefore, individuals seeking to appeal an expungement order must engage experienced criminal law attorneys who can guide and represent them in the appeals process. If you want to appeal an expungement order in Minnesota, we can help you.



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