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State v. J.R.A.

May 24, 2006

STATE OF MINNESOTA, APPELLANT,
v.
J.R.A., RESPONDENT.



Hennepin County District Court File Nos. 00114155, 00112428, 01014511 & 01008696.

SYLLABUS BY THE COURT

SYLLABUS

The phrase "all pending actions or proceedings" in Minn. Stat. § 609A.02, subd. 3 (2004), refers to multiple charges arising from the same incident.

The opinion of the court was delivered by: Willis, Judge

Affirmed

Considered and decided by Willis, Presiding Judge; Kalitowski, Judge; and Stoneburner, Judge.

OPINION

This is an appeal from two orders granting respondent's petition for expungement of records in four criminal cases. Appellant State of Minnesota argues that the district court abused its discretion by granting the expungement of all criminal records in two cases that were dismissed in exchange for respondent's guilty pleas in two other cases. The state also argues that the district court abused its discretion by granting the expungement of judicial records in the two cases in which respondent pleaded guilty. Because we conclude that the district court did not abuse its discretion, we affirm.

FACTS

In September 2000, J.A., the then-estranged wife of respondent J.R.A., obtained an order for protection (OFP) against respondent that prohibited him from contacting her except in the case of a medical emergency involving their minor child. Over the following months, respondent violated the OFP on at least four separate occasions.

In October 2000, J.A. reported to Minnetonka police that respondent had telephoned her several times and called her an inappropriate name. The state filed a complaint that charged respondent with one count of violation of a protection order. In December 2000, J.A. reported to Minnetonka police that respondent had repeatedly telephoned her and that he had yelled at her, called her names, and threatened to kill her. The state filed a complaint that charged respondent with one count of violation of a protection order, two counts of harassment, and one count of terroristic threats. In January 2001, J.A. reported to Minnetonka police that respondent had telephoned her twice and that during one call he had called her names. The state filed a complaint that charged respondent with one count of violation of a protection order and one count of harassing telephone calls. And in February 2001, J.A. reported to Minnetonka police that respondent telephoned her repeatedly that day. The state filed a complaint that charged respondent with one count of violation of a protection order.

In March 2001, as part of a plea agreement, respondent pleaded guilty to two counts of violation of a protection order, arising from the October 2000 and December 2000 incidents. In exchange, the state dismissed the remaining charges arising from the December 2000 incident and all charges arising from the January 2001 and February 2001 incidents.

In January 2005, respondent petitioned for expungement of the records of all four criminal cases, stating that he sought expungement for both employment and personal reasons. J.A. submitted an affidavit and a letter in support of the petition. In March 2005, the district court held a hearing on respondent's petition and subsequently granted expungement in all four cases, ordering that all records relating to the two dismissed cases be sealed under Minn. Stat. ยง 609A.02, subd. ...


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