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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...
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Arbitration Clauses–Good and Bad

Mandatory binding arbitration clauses are now found in a vast majority of consumer contracts, ranging from credit card and cell phone agreements to real estate purchase agreements and car rental agreements. In recent years there has been an expansion of arbitration clauses in the employment setting and with medical providers and nursing homes. Arbitrations became popular dating back to the early 1920’s. The courts favor arbitration agreements and they are generally enforced. The downside to arbitration clauses are: Loss of a right for a jury trial, a trial of your peers; Limitation on appellate review; Arbitrations are generally confidential; Arbitration...
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Fighting for Your Rights

In 2014, Minnesota joined several states to offer compensation to persons who served time in prison for a crime they did not commit.  Wrongful convictions have been on the rise lately, thanks in large part to state “innocence projects” and have gained particular attention with the Netflix series, “Making a Murderer.” Attorneys Joseph Gangi and Daniel Bellig currently have an appeal pending before the Minnesota Court of Appeals, challenging application of the new compensation statute.  A judge denied an award of compensation to a person who was declared innocent by the Minnesota Supreme Court.  As written, the compensation statute requires...
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