In re the Welfare of J.J.P.
2013 Minn. LEXIS 265
| Minn. | 2013Background
- JJ.P. was adjudicated delinquent of felony burglary and misdemeanor theft at age 17.
- A 2008 district court expunged JJ.P.'s judicial-file records but limited the order to the Fourth Judicial District, excluding executive records.
- In 2010 JJ.P. sought expungement of executive-branch records (BCA, DHS, MDH); district court denied.
- Court of Appeals reversed, holding the phrase adjudication of delinquency in Minn. Stat. § 260B.198, subd. 6 allowed expungement of executive records.
- This Court held that 260B.198, subd. 6 authorizes expungement only of the order adjudicating delinquency in executive files, and requires a balancing test rather than criminal-record standards.
- DHS background-check authority and separation of powers were found not to be violated by expunging the adjudication order; expunged records are limited by statutory scheme.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of expungement under 260B.198, subd. 6 | J.J.P. argues adjudication scope includes all executive records | State argues only the judicial-file order is expungable | Expungement limited to the order adjudicating delinquency; not all prior records |
| Meaning of adjudication of delinquency | Adjudication includes all records showing the adjudication | Adjudication refers to the final order | Adjudication means the court order that adjudicates delinquency, not preceding records |
| Impact on DHS background checks | Expungement would prevent background checks from revealing delinquency | No conflict with DHS if expunged records are not reviewable | Expungement does not usurp DHS; DHS cannot review expunged records under statute |
| Standard for determining expungement advisability | Courts should apply delinquency-dispositional criteria | Courts should apply criminal-expungement standards (609A) | Balancing test: benefits to petitioner outweigh public detriment and court burden; not 609A standards |
| Relation to 609A applicability | 609A governs expungement of records; applies here | 609A does not govern delinquency expungement | 609A does not govern delinquency expungement; apply appropriate balancing framework |
Key Cases Cited
- Barlow v. Comm'r of Pub. Safety, 365 N.W.2d 232 (Minn. 1985) (expungement defined as erasing as if never occurred)
- In re Welfare of J.B., 782 N.W.2d 535 (Minn. 2010) (separation of powers considerations in expungement context)
- In re Qwest’s Wholesale Serv. Quality Standards, 702 N.W.2d 246 (Minn. 2005) (agency review of records within statutory authority)
- State v. S.L.H., 755 N.W.2d 271 (Minn. 2008) (separation of powers and expungement context)
- Premier Bank v. Becker Dev., 785 N.W.2d 753 (Minn. 2010) (statutory construction principles regarding omitted language)
- Schatz v. Interfaith Care Ctr., 811 N.W.2d 643 (Minn. 2012) (statutory interpretation and use of plain meaning)
- U.S. Bank N.A. v. Cold Spring Granite Co., 802 N.W.2d 363 (Minn. 2011) (plain meaning and extrinsic evidence considerations)