Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. A. S. R.

Court of Appeals of Minnesota

December 26, 2017

State of Minnesota, Respondent,
v.
A. S. R., Appellant.

         Hennepin County District Court File No. 27-CR-14-27666

          Lori Swanson, Attorney General, St. Paul, Minnesota; and Christopher P. Renz, Nathan J. Knoernschild, Chestnut Cambronne PA, Minneapolis, Minnesota (for respondent).

          Steven J. Meshbesher, Kevin Gregorius, Meshbesher & Associates, PA, Minneapolis, Minnesota; and David R. Lundgren, Adam T. Johnson, Lundgren & Johnson, PSC, St. Paul, Minnesota (for appellant).

          Considered and decided by Peterson, Presiding Judge; Bjorkman, Judge; and Reyes, Judge.

         SYLLABUS

         A criminal charge that is continued for dismissal and subsequently dismissed without an admission or finding of guilt is "resolved in favor of the petitioner" under Minn. Stat. § 609A.02, subd. 3(a)(1) (2016), presumptively entitling the petitioner to expungement under Minn. Stat. § 609A.03, subd. 5(b) (2016).

          OPINION

          BJORKMAN, Judge.

         Appellant challenges the denial of his petition to expunge a dismissed charge, arguing that he is presumptively entitled to expungement and the district court abused its discretion by determining that the Metropolitan Airport Commission (MAC), which opposed the petition, successfully rebutted that presumption. We reverse and remand for entry of an order of expungement.

         FACTS

         In September 2014, appellant A.S.R. was charged with providing false identification to gain access to an airport security area, a violation of a MAC ordinance. MAC alleged that A.S.R. submitted an application for an airport badge and had improperly marked a box on the employer's portion of the form addressing employee security access levels, indicating that he should receive "escort" authority. A.S.R. pleaded not guilty to this misdemeanor charge.

         On May 29, 2015, MAC agreed to continue the case for dismissal after one year on the conditions that A.S.R. (1) not commit any offenses identical or similar to the false-identification charge, (2) "remain out of the airport for one year unless he has a valid ticket to travel, " and (3) pay prosecution costs and surcharges totaling $400.

         A.S.R. subsequently asked MAC to modify these conditions so he could work at the airport. MAC had not responded to the request when A.S.R. went to the airport to apply for a security badge for an airline job he sought. He had a valid ticket for travel but left the airport after completing the application and did not fly. A.S.R. provided his badge application to MAC in support of his work-related modification request.

         MAC did not grant A.S.R.'s request. Instead, MAC moved the district court to terminate the continuance for dismissal, alleging that A.S.R. violated the conditions by being at the airport.

         While the motion was pending, A.S.R. again went to the airport with a ticket, planning to travel with his mother and aunt. A.S.R. was waiting to proceed through security when law-enforcement officers approached him and asked about his travel intentions. A.S.R. later explained that the inquiry embarrassed ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.