CASE LAW UPDATE: Whether it was proper to deny victim’s request to reopen expungement?
Victim’s brother was murdered. Defendant was charged, but acquitted of the murder. Defendant subsequently obtained an expungement of the criminal records. When the expungement was sought, the victim notification statute was violated. Later, victim requested that the expunged records be re-opened on the grounds that the victim notification statute was violated. The trial court denied her request to re-open the expunged records. Victim appealed. The Minnesota Court of Appeals held that victim failed to offer legal support for her underlying assumption that a violation of the victim notification statute would provide grounds for her to access the expunged record. Affirmed.
In re Request for Records by Mohamed, A19-1694, Hennepin County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.