Minnesota Supreme Court Clarifies Scope of Expungement Statute
The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of... Read More
Protect Yourself and Your Business Against Drive-By ADA Lawsuits
Despite new legislation protecting small businesses, so-called “drive-by” law suits are being filed against small businesses across Minnesota under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) for things like handicapped parking lot, entry access, and bathroom violations. A fresh wave of these lawsuits has been hitting local Mankato area businesses within the past several weeks. The new law in Minnesota gives more protections to small businesses, such as the right to notice and a chance to fix potential violations before suit is filed. Federal courts have also disfavored these serial suits. If you are... Read More
Grandparents’ Visitation Rights
Most grandparents value the importance of establishing and fostering relationships with their grandchildren. In many cases, however, the child’s parent(s) or legal guardian(s) deny grandparents to be a part of their grandchild’s life. Minnesota Statutes §257C.08 allows for reasonable visitation rights of grandparent to their grandchildren in several different situations, including: If the grandparent’s child–the grandchild’s parent–is deceased; If the grandchild has resided with the grandparent or great-grandparent for a period of one year or more; and At any time during or after dissolution, separation, annulment or custody proceedings. Whether a grandparent will be awarded visitation rights depends on several factors,... Read More
Estate Planning–Not Just for the Wealthy
Prince’s death is now being overshadowed by his apparent lack of a will. Prince’s sister filed a Petition for the Appointment of Special Administrator for the artist’s estate stating she had no knowledge of a will and no reason to believe Prince had one. The absence of estate planning means Prince’s estate could be embroiled in legal disputes for years to come. Proper estate planning not only minimizes tax liability, but also ensures the decedent’s wishes are carried out. Having a proper will and estate plan determines what will happen with your assets and property when you die and planning for tax... Read More
Expungement: Eligibility if Convicted of a Felony
We recently highlighted the process of criminal expungement. As noted in that article, not all crimes are eligible for expungement. A felony-level conviction is eligible only if it is listed in the expungement statute itself. But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation? Are you eligible for expungement... Read More
Expungement: Sealing Criminal Records
Criminal expungement is the process of going to court and asking a judge to seal court criminal records. People ask for an expungement when they have been denied a job, housing, or professional license because of their criminal background. Minnesota Statutes § 609A.02 lists specific situations when a court has the authority to seal government-held records. This list includes: Some first time drug possession offenses; Offences committed by juveniles who are prosecuted in adult criminal court; Cases that were resolved in your favor where you were found not guilty or where the case was dismissed; Petty misdemeanors, misdemeanors, and some... Read More
Farrish Johnson Law Office Welcomes New Attorney
MANKATO, Minn. — Farrish Johnson Law Office is pleased to announce the addition of a new attorney to the firm, Paul T. Moosbrugger. He practices in the areas of criminal law, family law, and employment law. A Minnesota native, Moosbrugger brings additional legal capabilities to Farrish Johnson Law Office and the greater Mankato community. After receiving his law degree from the University of St. Thomas, Moosbrugger and his family relocated to Mankato, Minnesota, where he worked as a law clerk for the Honorable Kurt Johnson in Blue Earth County. He actively volunteers his time with the Veteran’s Family Law Clinic... Read More