County District Court File No. 27-CR-14-27666
Swanson, Attorney General, St. Paul, Minnesota; and
Christopher P. Renz, Nathan J. Knoernschild, Chestnut
Cambronne PA, Minneapolis, Minnesota (for respondent).
J. Meshbesher, Kevin Gregorius, Meshbesher & Associates,
PA, Minneapolis, Minnesota; and David R. Lundgren, Adam T.
Johnson, Lundgren & Johnson, PSC, St. Paul, Minnesota
Considered and decided by Peterson, Presiding Judge;
Bjorkman, Judge; and Reyes, Judge.
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).
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
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.
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.
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.
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
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