State v RHB, 821 N.W.2d 817 (Minn. 2012)
Nov 17, 2012OUTCOME: Reversal; victory for the client
Petitioner who was acquitted of assault charges sought expungement of his arrest record. The District Court, Wright County, No. 86′CR′07′2598, Stephen M. Halsey, J., granted petition. The Court of Appe ... als reversed, 805 N.W.2d 927, upon finding that acquittal by itself was insufficient to warrant expungement. Petitioner's petition for review was granted. The MN Supreme Court reversed, holding: 1. A petitioner for expungement who establishes that all pending actions or proceedings have been resolved in his or her favor is entitled to a rebuttable presumption of expungement under Minn.Stat. § 609A.03, subd. 5(b) (2010). 2. The district court did not abuse its discretion when it determined that the State failed to establish by clear and convincing evidence that the public's interest in keeping the records unsealed outweighed the disadvantages to the petitioner of not sealing the records.