Articles

Sampling of Successful Expungement Cases

by Benjamin Tarshish on June 17, 2019

Below is a sampling of just some of the positive results Attorney Kyle Kosieracki and the law firm Tarshish Cody, PLC were able to achieve for their clients.

State v. D.K.  Waseca and Freeborn Counties.  Statutory expungements of two Gross Misdemeanor Theft convictions, a Domestic Assault conviction, and Domestic Assault charges that had been resolved through a diversion program.  Although the petitioner had not been charged with any crimes for several years, expunging these four records—given the seriousness of the charges and the level of convictions—was a very favorable outcome.  Expungement allowed the petitioner to travel outside the country for work; his inability to do so because of these criminal records had significantly limited his earning capacity.

State v. C.H.  St. Louis County.  St. Louis County charged the petitioner with Fifth Degree Criminal Sexual Conduct.  St. Louis County ultimately dropped the charges against the petitioner, and Attorney Kosieracki brought a petition to expunge the records.  St. Louis County vigorously objected to the expungement, even though it had previously determined there was not enough evidence to prosecute the petitioner.  The prosecution attempted to introduce inadmissible evidence into the proceedings, and Mr. Kosieracki convinced the judge to exclude the County’s evidence. Despite the seriousness of the charges and over the state’s vigorous objection, Attorney Kosieracki secured an order expunging the records.  

State v. G.J.  Hennepin County.  Attorney Kosieracki secured statutory expungement of a Domestic Assault conviction even though the records were not impacting the petitioner’s ability to secure housing or a job.  This was a great result given the seriousness of the conviction and the minimal effect the records were having on the petitioner’s life. The petitioner is now free to travel the globe without worrying about being denied admission to other countries because of these records.

State v. M.S.  Goodhue County.  After advocating to the prosecution for petitioner’s cause, Attorney Kosieracki persuaded the prosecution to agree to a statutory expungement of a drug conviction.  Attorney Kosieracki was able to secure an expungement order from the court a mere 31 days after he was retained.  The petitioner was then able to pursue his dreams of teaching English in a foreign country.

State v. S.K.  Ramsey County.  Again, Attorney Kosieracki worked with the prosecutor to secure a statutory expungement of a petitioner’s misdemeanor conviction.  The petitioner had been denied housing based on these records. Attorney Kosieracki worked quickly to have the petitioner’s conviction sealed so that she could secure suitable housing for her family.

State v. R.D.  Dakota and Olmstead Counties.  The petitioner was having difficulty getting into a nursing program and was concerned about potential licensing issues due to her misdemeanor convictions for Theft and Issuance of a Dishonored Check.  Mr. Kosieracki worked with both prosecutorial offices to secure agreements to expunge the convictions.  In a matter of months, the petitioner’s records were sealed, and she was finally free to pursue her dreams unhindered by her criminal record.

Related Expungement Information:

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Is My Felony Conviction Expungeable?

by Benjamin Tarshish on June 3, 2019

Only Certain Felonies Can Be Expunged In Minnesota

Minnesota Statutes section 609A.02, subd. 3(b) sets forth the fifty felony convictions that are expungeable under the expungement statute. If a felony is included in that list, it’s expungeable. If not, you likely do not qualify for a statutory expungement. Please keep in mind that this list only applies to felony convictions. If you were charged with a felony, but your case was resolved without a conviction—through a stay of adjudication, diversion, a not-guilty verdict, or a dismissal—you likely still qualify to seek a statutory expungement.

Common Felony Convictions Not Eligible For Statutory Expungement:

  • Felony Assault
  • Felony Burglary
  • Felony DWI
  • Felony Domestic Assault
  • Felony 1st–4th Degree Drug Offenses
  • Felony Terroristic Threats
  • Felony Criminal Sexual Conduct
  • Felony Offenses Requiring Registration

Common Felony Convictions That Are Expungeable:

  • 5th Degree Drug Crimes
  • Theft (if value of property taken was less than $5,000)
  • Receiving Stolen Property
  • Criminal Damage to Property
  • Forgery; Financial Transaction Card Fraud

This list is not exhaustive. For a full list of the felonies expungeable under the Second Chance Act, look to Minn. Stat. § 609A.02, subd. 3(b) by following this link: https://www.revisor.mn.gov/statutes/cite/609A.02

Felony Convictions Reduced To Misdemeanors Are Considered Felonies For Expungement Purposes

Frequently judges “stay imposition” of a felony sentence, so that the felony conviction is reduced to a misdemeanor upon completion of probation. Unfortunately, however, this reduction does not affect whether the conviction is expungeable. See State v. S.A.M., 891 N.W.2d 602 (Minn. 2017). If you were convicted of a felony, that offense will only be eligible for statutory expungement if it is listed in Minn. Stat. § 609A.02, subd. 3(b)

Related Expungement Information:

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Can I Get The Dog Owner’s Insurance To Pay For My Dog Bite?

May 20, 2019

Often, the injured person knows—or is even friends or family members with—the dog’s owner. When that is the case, the injured person may be reluctant to “go after” her friend or relative. Fortunately, most dog owners have homeowners or renters insurance that specifically covers the injuries suffered from the dog attack. Even if you don’t […]

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No-Fault Auto Insurance Covers More Than You Think

May 6, 2019

Many people think that no-fault insurance only pays benefits when someone is injured in a car crash. However, in reality no-fault policies cover a lot more injuries than just those suffered in a crash. So long as a person’s injury arises “out of maintenance or use of a motor vehicle,” that person is entitled to […]

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Is Caine & Weiner Company Inc Harassing You? Learn What You Can Do.

April 22, 2019

Who is Caine & Weiner Company Inc? Is This A Scam? Caine & Weiner Company Inc is a third-party debt collection agency based out of Los Angeles, California. The agency was founded in 1930 and they have over 220 employees. Caine & Weiner Company Inc collects for various businesses throughout the United States. According to […]

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Harassed By AllianceOne Receivables Management? Learn How To Make It Stop.

April 8, 2019

Who is AllianceOne Receivables Management? Is This A Scam? AllianceOne Receivables Management is a third-party debt collection agency based out of Minnesota. The agency was founded in 1999. AllianceOne Receivables Management focuses on many types of debt, often dealing with auto loans, telecom bills, the health care industry, utility companies, and student loans. Beyond these […]

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Is First National Collection Bureau, Inc Harassing You? Learn What You Can Do.

March 25, 2019

Who is First National Collection Bureau, Inc? Is This A Scam? First National Collection Bureau is a third-party debt collection agency based out of Rena, Nevada. The agency was founded in 1983. FNCB focuses on many types of debt, often dealing with bank credit cards, telecom companies, and auto loans. Beyond these industries, FNCB also […]

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Harassed By NCC Business Services, Inc? Learn How To Make It Stop.

March 11, 2019

Who is NCC Business Services, Inc? Is This A Scam? NCC Business Services is a third-party debt collection agency based out of Jacksonville, Florida. The agency was founded in 1986. NCC Business Services focuses on many types of debt, often dealing with the healthcare industry, credit unions, and property management companies. Beyond these industries, NCC […]

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Is Jefferson Capital Systems (CL Holdings LLC) Harassing You? Learn What You Can Do.

February 25, 2019

Who is Jefferson Capital Systems/CL Holdings LLC? Is This A Scam? Jefferson Capital Systems is a third-party debt collection agency based out of St. Cloud, Minnesota. The agency was founded in 2002 and has less than ten employees. Jefferson Capital Systems focuses on many types of debt from an array of businesses in the United States, and […]

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Harassed By Cavalry Portfolio Services (Cavalry Investments LLC)? Learn How To Make It Stop.

February 11, 2019

Who is Cavalry Portfolio Services/Cavalry Investments LLC? Is This A Scam? Cavalry Portfolio Services is a third-party debt collection agency based out of Valhalla, New York. The agency was founded in 2002. Cavalry Portfolio Services focuses on many types of debt, often dealing with national banks, utility companies, and the health care industries. Beyond these […]

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