County District Court File No. 02-VB-10-264
J. Brodie, Coon Rapids City Attorney, Coon Rapids, Minnesota
Kenneth Scheffler, Merrifield, Minnesota (pro se appellant)
Considered and decided by Bratvold, Presiding Judge; Ross,
Judge; and Larkin, Judge.
decision whether to waive the filing fee in an action to
expunge criminal records is governed by Minn. Stat. §
609A.03 (2018), the relevant expungement statute, and not by
Minn. Stat. § 563.01 (2018), the in forma pauperis
challenges the district court's denial of his fee-waiver
request in a district court action to expunge a petty
misdemeanor conviction. Because the district court's
determination that appellant is ineligible for fee waiver is
based on its erroneous determination that appellant is not
indigent, and because the ultimate decision whether to waive
a filing fee in an action to expunge criminal records is
governed by Minn. Stat. § 609A.03, and not by Minn.
Stat. § 563.01, on which the district court relied, we
reverse and remand for the district court to reconsider
appellant's fee-waiver request based on the standards set
forth in Minn. Stat. § 609A.03.
March 2019, appellant Troy Kenneth Scheffler petitioned to
expunge records regarding his petty misdemeanor conviction
for failing to wear a seatbelt. Scheffler requested waiver of
court fees and costs, and the district court denied his
request. This appeal follows.
district court err in denying Scheffler's request for
waiver of fees and costs in his expungement action?
was convicted of a petty misdemeanor seatbelt violation in
2010. He petitioned for expungement of the conviction in
2019, asserting that he had not been convicted of any crime
since 2010. He sought relief under ...