Criminal Expungement Full Representation Training
Description: Criminal Expungement Full Representation Training Elizabeth Fowlds Program Manager and Resource Attorney Roadmap Why do you volunteer? Why do we need criminal expungements? What does an expungement do? How do you help someone do it? VLN
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slide1. Criminal Expungement Full Representation Training Elizabeth Fowlds
Program Manager and Resource Attorney<br>
slide2. Roadmap Why do you volunteer?
Why do we need criminal expungements?
What does an expungement do?
How do you help someone do it?<br>
slide3. VLN – Client Services Legal Advice
Resource Attorney and volunteer attorneys
Over the phone
Not income based
Looking for more volunteers!
Drafting petitions and fee waivers
Second Chance Saturday Clinic
Ramsey Law Library clinic
Not income based, walk-ins only
Drafting, Filing, Serving
Dorsey/US Bank Clinic
Via Zoom
300% FPG and below
Full Representation
200% FPG and below<br>
slide4. VLN – Attorney Services Training!
Full Representation
Last Friday every other month
Next Training: August 30, 2024 at noon
Criminal Records
Last Friday every other month
Next Training: September 27, 2024 at noon
Have recordings for:
Phone Advice Training
Support
Answer all questions
Review petitions
Preparation for hearings<br>
slide5. Why do this work? Pro bono hours Not really complicated Helping single parents obtain employment for their kids Helping people obtain housing You get to meet some of the most resilient people Get to dip your toe into litigation Get to appear in court Something totally different from the law you practice Work with people from all backgrounds Making it so someone can get that promotion they deserve<br>
slide6. Why do we need criminal expungement? Societal exclusion due to criminal history
Employment: Any record, even arrest, can impact hiring decision
Housing: Scarcity of affordable housing means landlords can be picky about who to rent to
Other areas of life:
Coaching, volunteering at kids’ school, community service, visiting incarcerated family members or family members on military bases, etc.
Systemic racism in the criminal justice system
Keeps people in poverty
Expungement is the means to help people overcome these barriers despite past mistakes or lifestyles<br>
slide7. Expungement! What does it do? Can seal all records...
(will not come up in background checks, licensing, etc.)
...Or it can seal only judicial records
(basically, only the public can't see it)
Sealing does not equal destroying!
There are situations where an expunged case can be seen/used<br>
slide8. Expunged records can be viewed and shared among “criminal justice agencies” when investigating or prosecuting a crime
Records can be used by law enforcement agencies against applicants for employment in the agencies Here are those situations...<br>
slide9. Types of Expungement 1. Arrest-only expungement*
Only requires a letter sent to the BCA
2. Statutory Expungement – Minn. Stat. 609A*
Seals all records, case will no longer come up on background checks
3. Inherent authority*: usually not very helpful
Judge uses power over court system to seal only court records
Record is still on background checks, but client will have court order
Crimes not enumerated in statute
4. Prosecutor-Agreed/Led Expungements (Help Seal My Record Programs)
Prosecution Stipulates to the expungement
5. Automatic Expungements
Under the Adult Cannabis Use Act
Under the Clean Slate Act, 609A.015
*2, is the primary focus of VLN’s Program, 1 and 3 are also done<br>
slide10. Bureau of Criminal Apprehension (BCA)
Minnesota Court Information System (MCRO)
Police Department
City Attorney
Sheriff’s Department
County Attorney
State Attorney General
Department of Corrections
Department of Human Services
Private data-miners
Private theft databases
Websites Inherent Authority Expungement<br>
slide11. Bureau of Criminal Apprehension (BCA)
Minnesota Court Information System (MNCIS)
Police Department
City Attorney
Sheriff’s Department
County Attorney
State Attorney General
Department of Corrections
Department of Human Services
Private data-miners
Private theft databases
Websites Statutory Expungement<br>
slide12. General Expungement Process 63 Days
(Minimum) Up to 90 Days 60 Day Appeal Period It can take up to a year!<br>
slide13. Expungement Statutes 609A.01 - Definition
609A.02 – Grounds for Expungement
609A.025 – Prosecutor-agreed Expungement
609A.03 – Petition contents, standards, etc.
609A.015 – Automatic Expungements, effective 1/1/25
These do not seal all agency records
609A.017 – Automatic Expungement for Mistaken ID
Very specific criteria
609A.055 – Automatic Expungement of Certain Cannabis Offenses
609A.06 – Expungement and Re-sentencing of certain Felony Cannabis offenses<br>
slide14. Inherent Authority No waiting period after someone gets off probation
Once the case is closed, you can file a petition as soon as you want
Quite difficult to expunge
Courts generally want to see a long chunk of crime free time
Not very helpful to a person<br>
slide15. How do you help someone do it?<br>
slide16. Full Representation Overview First: sign up as a volunteer with VLN!
10-15 hours estimated for 1 case, spread over 6-8 months
About 5 additional hours per case you take on
Paralegals or other admins can take this training. They are especially helpful during service and filing.
Costs?
Volunteers usually cover cost of obtaining records and service (printing and mailing)
These clients are indigent – any cost is a barrier to them
If you are footing the bill, note this can add up to over $100 – VLN can help!
If you are not willing to do this, you'll need to discuss it with the client when signing the representation agreement.
Filing fees: Client must pay if the fee waiver is denied<br>
slide17. Full Representation Cont. Second: take a case!
Let us know when you’re ready to take on a case and we can give you some options
Keep an eye out for our case paneling emails where we highlight clients needing a volunteer attorney to take on their case
We will then email you:
Client contact information
Their criminal records
What case records to expunge and what type of expungement it is
It will be either statutory or inherent authority (same process)
We will also send information on how to read criminal records
Third: Meet the client
Complete a representation agreement with the client and send it to VLN
Interview client and begin the process (phone, zoom, in person)
Gather information on why client is seeking expungement, and what steps they have taken to rehabilitate themselves<br>
slide18. Full Representation cont. Fourth: work on filling out the petition
This is the actual "motion" or "affidavit"
We use a system called "hot docs" which generates all pleadings (including the petition) for you – you just need to answer the questions/prompts.
https://lawhelpinteractive.org/Interview/GenerateInterview/4681/engine
The Current Version of hot docs uses old forms. We are in the process of updating this program.
Each case being expunged gets its own set of pleadings
Current forms can be accessed on the Minnesota Judicial Webpage:
https://www.mncourts.gov/GetForms.aspx?c=14&f=207.
Please give regular updates on the status of the case. Katherine Johnson will send out periodic emails requesting updates.
The clipped sections of forms used in this PowerPoint are from the current forms on the Minnesota Judicial Website. If you’re using hot docs, the numbers for questions may be different<br>
slide19. Hardship and Rehabilitation Hardship: First part of the burden!
Why do they need an expungement: must be more than reputation
Be specific
"denied jobs" vs. "denied three jobs including one at Target."
Not a time to be proud!
Rehabilitation: Second part of the burden!
What have they done since the conviction to turn their lives around: more than what they did on probation
Be specific and creative!
"Addressed mental health" vs. "began therapy in x year and successfully graduated from a six-month program"<br>
slide20. Question 6: This part 1 of the "burden of proof"
Petitioner must demonstrate that the hardship they face due to their criminal record outweighs any risk to persons or the community (use first person!)
You want to be specific in this question
You want to try and provide the Court supporting documentation if possible
Why do you want an expungement?
In your words, describe how the records are causing you problems - employment, housing, volunteering, etc<br>
slide21. Question 9: Hot Docs will generate the answer to this question for you, depending on the details you provide about the case in question 10!
If you’re using the forms from the Minnesota Judicial Website, the box checked in question 9 will tell you which proposed order form to use.<br>
slide22. Question 7: Include all criminal charges, even dismissed cases
Better to include and explain than to leave off
Petty misdemeanors are not criminal records
Convictions: MNCIS or BCA
Dismissals: BCA
The petitioner must disclose prior AND concurrent expungement requests<br>
slide23. Questions 11 and 12: Victims can be:
People
Groups
Places
Businesses IF THERE WAS NO CONVICTION THERE SHOULD BE NO VICTIM LISTED. For 12:
Check “is” if there is or was an order preventing the petitioner from contacting the victim (otherwise “is not”)
If “is” is checked, the petitioner must get a copy of the order from court and attach it<br>
slide24. Victim and Protection Orders Victim name:
Ask client
Obtain complaint
MCRO or Courthouse
Orders for protection:
Listed in MCRO history "FA DV" cases
Part of conditions for the case being expunged
Stay away order – print out a copy of the sentencing order or register of actions for the case
DANCO – Courthouse (try MCRO)<br>
slide25. Question 13: This is the second part of the 'burden of proof'
How has the client rehabilitated and is s/he a threat to public safety or likely to reoffend?
Description of the client’s responsibility and role in the offense
Demonstrated rehabilitation
Crime free time, personal changes that cause them to be law-abiding (directly tie to underlying reasons for offense)
Discussion of client’s efforts to better him/herself or the community
Show proof when possible! Clients with dismissed or acquitted cases do not need to fill out this answer! If they want to, DO NOT ACCEPT RESPONSIBILITY<br>
slide26. Ideas for rehab: Substance use treatment
AA Meetings, NA meetings
Mental health program
Weekly/monthly therapy
Medication
Church
Volunteering
Successful relationships
Successful parenting
Employment
Worked things out with victim in case
New outlets that keep them out of "trouble"<br>
slide27. Final Questions:<br>
slide28. Full Representation Cont. Fifth: Fee waiver, aka in forma pauperis
ALWAYS fill out an IFP. Qualifications:
Client's income under 125% FPG
Client represented by a pro bono attorney based on indigency
Court fees: about $325 per case- every county is different Hot docs will also generate this document – you will just need to answer questions re: client's financial situation.
The New Fee Waiver Forms available on the Minnesota Judicial Branch Website can be more simple than the document currently created on hotdocs. https://www.mncourts.gov/GetForms.aspx?c=19<br>
slide29. Full Represenation Cont. Sixth: Review and Finalize Pleadings!
Generate the Word version of the petition(s) through HotDocs
Or use the fillable smart forms or PDF forms from the Minnesota Judicial Branch Website
Review for accuracy and edit
Fill out the Proposed Order
For Inherent Authority cases, add rehabilitation details.<br>
slide30. Full Representation Cont. Seventh Step: Have the client review and sign the petition and fee waiver!
Can digitally sign: /s/ client’s name
Do not need notary
Make sure they fill out all information below signature line<br>
slide31. Full Representation Cont. Eighth: Schedule a court hearing**
Call the county court administration to schedule
May want the filings before
Olmstead: sometimes will do paper hearings if judge grants the motion (no one needs to appear)
Confirm if the court hearing will be scheduled remotely or in-person
If it is in-person and you want it to be remote, fill out a Remote Hearing Request form (ask us for it!)
Schedule a hearing date at least 63 days out from service
Build in more time for service and filing, so 70-75 is best
Enter the date, time, and location in the Notice of Hearing section of the Petition<br>
slide32. Ninth: Service of Process Proof of Service form – generated by hot docs!
Also Available on The Minnesota Judicial Branch Website
Verify which agencies you need to serve
Always serve boxes 1-8
Boxes 9-10: Department of Human Services/Minnesota Department of Health:
Serve them when client wants to work with vulnerable populations (such as a nurse, PCA, in a treatment center).
Verify the addresses on the proof of service
Smaller cities will not be auto filled – will have to google addresses<br>
slide33. Service of Process Cont. Service:
Mail the following to every address on the proof of service form you need:
Petition and supporting documents
Proposed Order
If you want to submit a Remote Hearing Request form, you can serve that as well to notify the other parties of the request.
Can also send your certificate of representation
About 10-12 copies, separate envelopes, mail at same time
Whoever serves the documents completes and signs the Proof of Service
Do not serve this document!<br>
slide34. Tenth: eFiling Full representation requires you must e-File the case
Register
Add fee waiver account
Always click "file into existing case"
Add you as a party
Upload documents
Use "fee waiver" for payment<br>
slide35. Add Fee Waiver Select "waiver" in the drop down box<br>
slide36. File into existing case Select "file into case" in drop down Will need to add yourself as attorney<br>
slide37. Uploading Documents "Filing Code" = just start typing what it is, options will pop up in drop down
Expungement petition = Request or motion for expungement
Expungement Order = Proposed Order or Document
Proof of Service = Proof of Service
Cert of Rep = Certificate of Representation
IFP = Affidavit for proceeding in forma pauperis
IFP order = Proposed Order or Document
Hearing type request = Request for remote or in-person hearing
"Filing Description" = whatever you named the document
"Client Reference Number" = case number
"Comments to Court" = how you make something confidential!
Petitions, orders, proof of service, cert of rep = public
Court will not include attachments for petitions, don't worry
Fee Waiver (IFP) and Fee Waiver orders = confidential<br>
slide38. Final Step: Court Hearing Short hearing (~15 minutes)
Objections: You may get an objection from an agency you served
e-Filed prior to hearing
You can e-File a response and/or respond at the hearing
Hearing Prep with Client
Discuss basic courtroom etiquette with client (even obvious stuff!)
Prepare the client for questions based on the petition and objections
You (and the client) can observe a hearing
Prepare a brief argument focusing on the 12 factors in the statute
Judge may ask you or client questions
Address any arguments related to objection letters To Schedule: call county courthouse and explain you want to schedule an expungement hearing
FOR HENNEPIN: fourthcriminalexpungements@courts.state.mn.us<br>
slide39. Timelines Filing --> Hearing: 63 days at least
Hearing --> Order: Up to 90 days
Order --> Court actual sealing: 60 days
60-day appeal period, after which court will expunge record and send notice to all parties bound by order to expunge records
Court sealing --> Background check companies sealing: 2-3 weeks
Tell client to keep multiple copies of the order permanently in case companies don't expunge the case as they should
CASE CLOSING FORM – Please remember to fill out a case closing form https://vln.formstack.com/forms/closing<br>
slide40. Opportunities and Resources We ALWAYS have a waitlist of clients for full representation
Other volunteer opportunities:
Phone advice and screening
Help at clinics
Have recordings of all trainings! (We’re in the process of updating these)
Access training materials and documents on our website:
https://www.vlnmn.org/volunteer/criminal-expungement/training-materials<br>
slide41. VLN Contacts Case Placement Coordinator:
Katherine Johnson
Katherine.Johnson@vlnmn.org
612-752-6605 Program Manager/ Resource Attorney:
Elizabeth Fowlds
Elizabeth.fowlds@vlnmn.org
612-752-6654<br>
Program Manager and Resource Attorney<br>
slide2. Roadmap Why do you volunteer?
Why do we need criminal expungements?
What does an expungement do?
How do you help someone do it?<br>
slide3. VLN – Client Services Legal Advice
Resource Attorney and volunteer attorneys
Over the phone
Not income based
Looking for more volunteers!
Drafting petitions and fee waivers
Second Chance Saturday Clinic
Ramsey Law Library clinic
Not income based, walk-ins only
Drafting, Filing, Serving
Dorsey/US Bank Clinic
Via Zoom
300% FPG and below
Full Representation
200% FPG and below<br>
slide4. VLN – Attorney Services Training!
Full Representation
Last Friday every other month
Next Training: August 30, 2024 at noon
Criminal Records
Last Friday every other month
Next Training: September 27, 2024 at noon
Have recordings for:
Phone Advice Training
Support
Answer all questions
Review petitions
Preparation for hearings<br>
slide5. Why do this work? Pro bono hours Not really complicated Helping single parents obtain employment for their kids Helping people obtain housing You get to meet some of the most resilient people Get to dip your toe into litigation Get to appear in court Something totally different from the law you practice Work with people from all backgrounds Making it so someone can get that promotion they deserve<br>
slide6. Why do we need criminal expungement? Societal exclusion due to criminal history
Employment: Any record, even arrest, can impact hiring decision
Housing: Scarcity of affordable housing means landlords can be picky about who to rent to
Other areas of life:
Coaching, volunteering at kids’ school, community service, visiting incarcerated family members or family members on military bases, etc.
Systemic racism in the criminal justice system
Keeps people in poverty
Expungement is the means to help people overcome these barriers despite past mistakes or lifestyles<br>
slide7. Expungement! What does it do? Can seal all records...
(will not come up in background checks, licensing, etc.)
...Or it can seal only judicial records
(basically, only the public can't see it)
Sealing does not equal destroying!
There are situations where an expunged case can be seen/used<br>
slide8. Expunged records can be viewed and shared among “criminal justice agencies” when investigating or prosecuting a crime
Records can be used by law enforcement agencies against applicants for employment in the agencies Here are those situations...<br>
slide9. Types of Expungement 1. Arrest-only expungement*
Only requires a letter sent to the BCA
2. Statutory Expungement – Minn. Stat. 609A*
Seals all records, case will no longer come up on background checks
3. Inherent authority*: usually not very helpful
Judge uses power over court system to seal only court records
Record is still on background checks, but client will have court order
Crimes not enumerated in statute
4. Prosecutor-Agreed/Led Expungements (Help Seal My Record Programs)
Prosecution Stipulates to the expungement
5. Automatic Expungements
Under the Adult Cannabis Use Act
Under the Clean Slate Act, 609A.015
*2, is the primary focus of VLN’s Program, 1 and 3 are also done<br>
slide10. Bureau of Criminal Apprehension (BCA)
Minnesota Court Information System (MCRO)
Police Department
City Attorney
Sheriff’s Department
County Attorney
State Attorney General
Department of Corrections
Department of Human Services
Private data-miners
Private theft databases
Websites Inherent Authority Expungement<br>
slide11. Bureau of Criminal Apprehension (BCA)
Minnesota Court Information System (MNCIS)
Police Department
City Attorney
Sheriff’s Department
County Attorney
State Attorney General
Department of Corrections
Department of Human Services
Private data-miners
Private theft databases
Websites Statutory Expungement<br>
slide12. General Expungement Process 63 Days
(Minimum) Up to 90 Days 60 Day Appeal Period It can take up to a year!<br>
slide13. Expungement Statutes 609A.01 - Definition
609A.02 – Grounds for Expungement
609A.025 – Prosecutor-agreed Expungement
609A.03 – Petition contents, standards, etc.
609A.015 – Automatic Expungements, effective 1/1/25
These do not seal all agency records
609A.017 – Automatic Expungement for Mistaken ID
Very specific criteria
609A.055 – Automatic Expungement of Certain Cannabis Offenses
609A.06 – Expungement and Re-sentencing of certain Felony Cannabis offenses<br>
slide14. Inherent Authority No waiting period after someone gets off probation
Once the case is closed, you can file a petition as soon as you want
Quite difficult to expunge
Courts generally want to see a long chunk of crime free time
Not very helpful to a person<br>
slide15. How do you help someone do it?<br>
slide16. Full Representation Overview First: sign up as a volunteer with VLN!
10-15 hours estimated for 1 case, spread over 6-8 months
About 5 additional hours per case you take on
Paralegals or other admins can take this training. They are especially helpful during service and filing.
Costs?
Volunteers usually cover cost of obtaining records and service (printing and mailing)
These clients are indigent – any cost is a barrier to them
If you are footing the bill, note this can add up to over $100 – VLN can help!
If you are not willing to do this, you'll need to discuss it with the client when signing the representation agreement.
Filing fees: Client must pay if the fee waiver is denied<br>
slide17. Full Representation Cont. Second: take a case!
Let us know when you’re ready to take on a case and we can give you some options
Keep an eye out for our case paneling emails where we highlight clients needing a volunteer attorney to take on their case
We will then email you:
Client contact information
Their criminal records
What case records to expunge and what type of expungement it is
It will be either statutory or inherent authority (same process)
We will also send information on how to read criminal records
Third: Meet the client
Complete a representation agreement with the client and send it to VLN
Interview client and begin the process (phone, zoom, in person)
Gather information on why client is seeking expungement, and what steps they have taken to rehabilitate themselves<br>
slide18. Full Representation cont. Fourth: work on filling out the petition
This is the actual "motion" or "affidavit"
We use a system called "hot docs" which generates all pleadings (including the petition) for you – you just need to answer the questions/prompts.
https://lawhelpinteractive.org/Interview/GenerateInterview/4681/engine
The Current Version of hot docs uses old forms. We are in the process of updating this program.
Each case being expunged gets its own set of pleadings
Current forms can be accessed on the Minnesota Judicial Webpage:
https://www.mncourts.gov/GetForms.aspx?c=14&f=207.
Please give regular updates on the status of the case. Katherine Johnson will send out periodic emails requesting updates.
The clipped sections of forms used in this PowerPoint are from the current forms on the Minnesota Judicial Website. If you’re using hot docs, the numbers for questions may be different<br>
slide19. Hardship and Rehabilitation Hardship: First part of the burden!
Why do they need an expungement: must be more than reputation
Be specific
"denied jobs" vs. "denied three jobs including one at Target."
Not a time to be proud!
Rehabilitation: Second part of the burden!
What have they done since the conviction to turn their lives around: more than what they did on probation
Be specific and creative!
"Addressed mental health" vs. "began therapy in x year and successfully graduated from a six-month program"<br>
slide20. Question 6: This part 1 of the "burden of proof"
Petitioner must demonstrate that the hardship they face due to their criminal record outweighs any risk to persons or the community (use first person!)
You want to be specific in this question
You want to try and provide the Court supporting documentation if possible
Why do you want an expungement?
In your words, describe how the records are causing you problems - employment, housing, volunteering, etc<br>
slide21. Question 9: Hot Docs will generate the answer to this question for you, depending on the details you provide about the case in question 10!
If you’re using the forms from the Minnesota Judicial Website, the box checked in question 9 will tell you which proposed order form to use.<br>
slide22. Question 7: Include all criminal charges, even dismissed cases
Better to include and explain than to leave off
Petty misdemeanors are not criminal records
Convictions: MNCIS or BCA
Dismissals: BCA
The petitioner must disclose prior AND concurrent expungement requests<br>
slide23. Questions 11 and 12: Victims can be:
People
Groups
Places
Businesses IF THERE WAS NO CONVICTION THERE SHOULD BE NO VICTIM LISTED. For 12:
Check “is” if there is or was an order preventing the petitioner from contacting the victim (otherwise “is not”)
If “is” is checked, the petitioner must get a copy of the order from court and attach it<br>
slide24. Victim and Protection Orders Victim name:
Ask client
Obtain complaint
MCRO or Courthouse
Orders for protection:
Listed in MCRO history "FA DV" cases
Part of conditions for the case being expunged
Stay away order – print out a copy of the sentencing order or register of actions for the case
DANCO – Courthouse (try MCRO)<br>
slide25. Question 13: This is the second part of the 'burden of proof'
How has the client rehabilitated and is s/he a threat to public safety or likely to reoffend?
Description of the client’s responsibility and role in the offense
Demonstrated rehabilitation
Crime free time, personal changes that cause them to be law-abiding (directly tie to underlying reasons for offense)
Discussion of client’s efforts to better him/herself or the community
Show proof when possible! Clients with dismissed or acquitted cases do not need to fill out this answer! If they want to, DO NOT ACCEPT RESPONSIBILITY<br>
slide26. Ideas for rehab: Substance use treatment
AA Meetings, NA meetings
Mental health program
Weekly/monthly therapy
Medication
Church
Volunteering
Successful relationships
Successful parenting
Employment
Worked things out with victim in case
New outlets that keep them out of "trouble"<br>
slide27. Final Questions:<br>
slide28. Full Representation Cont. Fifth: Fee waiver, aka in forma pauperis
ALWAYS fill out an IFP. Qualifications:
Client's income under 125% FPG
Client represented by a pro bono attorney based on indigency
Court fees: about $325 per case- every county is different Hot docs will also generate this document – you will just need to answer questions re: client's financial situation.
The New Fee Waiver Forms available on the Minnesota Judicial Branch Website can be more simple than the document currently created on hotdocs. https://www.mncourts.gov/GetForms.aspx?c=19<br>
slide29. Full Represenation Cont. Sixth: Review and Finalize Pleadings!
Generate the Word version of the petition(s) through HotDocs
Or use the fillable smart forms or PDF forms from the Minnesota Judicial Branch Website
Review for accuracy and edit
Fill out the Proposed Order
For Inherent Authority cases, add rehabilitation details.<br>
slide30. Full Representation Cont. Seventh Step: Have the client review and sign the petition and fee waiver!
Can digitally sign: /s/ client’s name
Do not need notary
Make sure they fill out all information below signature line<br>
slide31. Full Representation Cont. Eighth: Schedule a court hearing**
Call the county court administration to schedule
May want the filings before
Olmstead: sometimes will do paper hearings if judge grants the motion (no one needs to appear)
Confirm if the court hearing will be scheduled remotely or in-person
If it is in-person and you want it to be remote, fill out a Remote Hearing Request form (ask us for it!)
Schedule a hearing date at least 63 days out from service
Build in more time for service and filing, so 70-75 is best
Enter the date, time, and location in the Notice of Hearing section of the Petition<br>
slide32. Ninth: Service of Process Proof of Service form – generated by hot docs!
Also Available on The Minnesota Judicial Branch Website
Verify which agencies you need to serve
Always serve boxes 1-8
Boxes 9-10: Department of Human Services/Minnesota Department of Health:
Serve them when client wants to work with vulnerable populations (such as a nurse, PCA, in a treatment center).
Verify the addresses on the proof of service
Smaller cities will not be auto filled – will have to google addresses<br>
slide33. Service of Process Cont. Service:
Mail the following to every address on the proof of service form you need:
Petition and supporting documents
Proposed Order
If you want to submit a Remote Hearing Request form, you can serve that as well to notify the other parties of the request.
Can also send your certificate of representation
About 10-12 copies, separate envelopes, mail at same time
Whoever serves the documents completes and signs the Proof of Service
Do not serve this document!<br>
slide34. Tenth: eFiling Full representation requires you must e-File the case
Register
Add fee waiver account
Always click "file into existing case"
Add you as a party
Upload documents
Use "fee waiver" for payment<br>
slide35. Add Fee Waiver Select "waiver" in the drop down box<br>
slide36. File into existing case Select "file into case" in drop down Will need to add yourself as attorney<br>
slide37. Uploading Documents "Filing Code" = just start typing what it is, options will pop up in drop down
Expungement petition = Request or motion for expungement
Expungement Order = Proposed Order or Document
Proof of Service = Proof of Service
Cert of Rep = Certificate of Representation
IFP = Affidavit for proceeding in forma pauperis
IFP order = Proposed Order or Document
Hearing type request = Request for remote or in-person hearing
"Filing Description" = whatever you named the document
"Client Reference Number" = case number
"Comments to Court" = how you make something confidential!
Petitions, orders, proof of service, cert of rep = public
Court will not include attachments for petitions, don't worry
Fee Waiver (IFP) and Fee Waiver orders = confidential<br>
slide38. Final Step: Court Hearing Short hearing (~15 minutes)
Objections: You may get an objection from an agency you served
e-Filed prior to hearing
You can e-File a response and/or respond at the hearing
Hearing Prep with Client
Discuss basic courtroom etiquette with client (even obvious stuff!)
Prepare the client for questions based on the petition and objections
You (and the client) can observe a hearing
Prepare a brief argument focusing on the 12 factors in the statute
Judge may ask you or client questions
Address any arguments related to objection letters To Schedule: call county courthouse and explain you want to schedule an expungement hearing
FOR HENNEPIN: fourthcriminalexpungements@courts.state.mn.us<br>
slide39. Timelines Filing --> Hearing: 63 days at least
Hearing --> Order: Up to 90 days
Order --> Court actual sealing: 60 days
60-day appeal period, after which court will expunge record and send notice to all parties bound by order to expunge records
Court sealing --> Background check companies sealing: 2-3 weeks
Tell client to keep multiple copies of the order permanently in case companies don't expunge the case as they should
CASE CLOSING FORM – Please remember to fill out a case closing form https://vln.formstack.com/forms/closing<br>
slide40. Opportunities and Resources We ALWAYS have a waitlist of clients for full representation
Other volunteer opportunities:
Phone advice and screening
Help at clinics
Have recordings of all trainings! (We’re in the process of updating these)
Access training materials and documents on our website:
https://www.vlnmn.org/volunteer/criminal-expungement/training-materials<br>
slide41. VLN Contacts Case Placement Coordinator:
Katherine Johnson
Katherine.Johnson@vlnmn.org
612-752-6605 Program Manager/ Resource Attorney:
Elizabeth Fowlds
Elizabeth.fowlds@vlnmn.org
612-752-6654<br>