Minnesota

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juvenile Collateral Consequences in the State of Minnesota

            Minnesota’s juvenile code limits collateral consequences by prohibiting the general public from accessing juvenile records under most circumstances.[1]  The Minnesota legislature and Supreme Court have also limited state agencies and prospective employers from accessing juvenile records.[2]  However, there are exceptions to the general rule and these exceptions allow agencies to gain access to juvenile records, enabling collateral consequences to affect a juvenile’s future.[3]

            Juveniles, their attorneys, and juveniles’ families may be unaware of what collateral consequences might affect a juvenile’s future after a court’s disposition.  Although Minnesota does not have a statutory collection of the collateral sanctions that specifically affect juveniles, there is a collection of collateral sanctions imposed on offenders as a result of adult convictions.[4]  Moreover, judges are only required to advise youth of some of the future collateral consequences a juvenile may face upon a court’s finding of delinquency.[5]  In Minnesota, there are relatively few collateral consequences that attach automatically (collateral sanction) as a result of a juvenile record[6] unless the juvenile is convicted in adult court (through a transfer process called “certification”)or designated an Extended Jurisdiction Juvenile (EJJ).[7]  Minnesota law specifically provides that a juvenile adjudication will not impose any of the civil disabilities that flow from a criminal conviction, and a juvenile adjudication is not generally considered a conviction.[8]  Despite this provision, juveniles are nonetheless subject to some of these civil disabilities.[9]

 

Understanding the Justice System

            In Minnesota, the juvenile court has jurisdiction over youth alleged to have committed a delinquent act while between the ages of ten and seventeen.[10]  However under some circumstances, a juvenile may be transferred to the adult court system through certification.[11]  There are three ways in which a juvenile can be transferred to adult court: (1) automatic transfer, (2) discretionary transfer, and (3) transfer resulting from a violation of Extended Juvenile Jurisdiction probation.  All three of these transfer methods apply only to felony charges.[12]

            Automatic transfer may apply to juveniles sixteen years or older charged with murder in the first degree or previously certified to adult court and convicted of a felony offense.[13]  Discretionary transfer can be either presumptive or non-presumptive.[14]  The prosecution has the discretion to file a presumptive motion for certification against youth sixteen or seventeen years old charged with a crime that, if committed by an adult, would result in a presumptive commitment to prison.[15]  The child bears the burden of rebutting this presumption by a showing of clear and convincing evidence that retaining the case in juvenile court serves public safety.[16]  The prosecution also has the discretion to file a non-presumptive motion for certification against youth fourteen or fifteen years old charged with a felony offense.  The state bears the burden of proving by clear and convincing evidence that retaining the matter in juvenile court does not serve public safety.  In both presumptive and non-presumptive certification cases, the transfer decision is within the discretion of the judge, who is required to weigh six specifically articulated public safety factors.[17]

            Minnesota also has a blended sentencing option referred to as Extended Juvenile Jurisdiction, or EJJ (juveniles within this category of offenders are referred to as Extended Jurisdiction Juveniles).[18]  The EJJ designation can be applied only to juveniles fourteen and older found to have committed a felony offense.  Juveniles designated as EJJ receive both a stayed adult sentence and a juvenile disposition.[19]  These juveniles remain under juvenile court jurisdiction until age twenty-one unless, following probation revocation proceedings, the court revokes the EJJ designation and either executes the adult sentence or transfers supervision to adult probation.[20]

 

Notification of Collateral Consequences of Juvenile Records

            The court is required to notify a juvenile of some collateral consequences.  First, notification of the duty to register as a predatory offender is required when a person is convicted of, or adjudicated delinquent for any of the offenses listed in the predatory offender registration statute.[21]  At the time of sentencing or adjudication of delinquency for any one of the listed offenses, the court is required to inform the juvenile of the duty to register and that, if the person fails to comply with the registration requirements, information about the offender may be made available to the public through electronic, computerized, or other accessible means.[22]  Further, the court must require the juvenile to read and sign a form stating that the duty of the person to register under this section has been explained.[23]  If a juvenile required to register as a predatory offender is not notified by the court of the registration requirement at the time of sentencing or disposition, the assigned corrections agent is required to notify the person of the requirements for registration.[24]  In addition, when released from commitment, the treatment facility is also required to notify the juvenile of the requirements of registration.[25]  The treatment facility must then obtain the registration information and forward it to the Bureau of Criminal Apprehension.[26]

            Also, when adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing a crime of violence, the court must inform the offender that he or she is prohibited from possessing a firearmfor the remainder of their lifetime, and that violation is a felony.[27]  Finally, when a person is charged with committing a crime of violence and is placed in a pretrial diversion program by the court before disposition, the court must inform the accused that, (1) the accused is prohibited from possessing a pistol or semiautomatic military-style assault weapon until the person has completed the diversion program and the charge of committing a crime of violence has been dismissed; (2) violation is a gross misdemeanor offense; and (3) if the accused violates this condition of participation in the diversion program, the charge of committing a crime of violence may be prosecuted.[28]

 

Treatment of Juvenile Records

At what point in the process do police records begin?

            If a juvenile is arrested and fingerprinted, a fingerprint and arrest record is created and retained by the Bureau of Criminal Apprehension.[29]

At what point in the process do court records begin?

            A court record begins when a charging document is filed with the court.[30]  The court will maintain a record containing the minutes, petition, summons, notice, findings, orders, decrees, judgments, motions, and any other relevant information that the court deems necessary.[31]

Where are juvenile records stored?

            The Minnesota Court Integration Service (MNCIS) contains the records of all court proceedings.  In addition, the Bureau of Criminal Apprehension (BCA) stores and manages police and court records of juveniles charged with a felony or gross misdemeanor.[32]  The BCA database is used to perform background checks.[33]

What information does a juvenile court record contain?

            Juvenile court records contain the petition, summons, notice, charge, court appearance dates, detention status, warrants, weapon used (if applicable), commitment duration, dispositions, and detention stays.[34]  The record also contains all documents filed and maintained by the court, all recorder’s notes and tapes, electronic recordings and transcripts of hearings and trials, and all documents maintained by juvenile probation officers, county home schools, and county detention agencies if related to a delinquency matter.[35]

 Who may access juvenile records?

Public:  Generally, juvenile court records, including those from an appeal, are not open to public inspection.[36]  The statute, however, sets forth the following exceptions to this general rule: (1) when the offender is sixteen or older and charged with a felony offense;[37] (2) when the court orders the juvenile records to be publicly accessible;[38] and (3) when the victim of an alleged juvenile offense makes a request for information.  In the case of a victim’s request, disclosure is made only to the victim, and the request may be denied if it reasonably appears that the request is prompted by a desire on the part of the requester to engage in unlawful activities.[39]

State Agencies:  Juvenile courts are required to provide all court records to any other juvenile or adult court with jurisdiction over the child.[40]  In addition, juvenile court records may be released to law enforcement agencies, probation officers, and corrections agents if the court finds that providing these records serves public safety or is in the best interests of the child.[41]  Juvenile court records, transcripts, and delinquency petitions must be released to law enforcement agencies and prosecuting authorities who are investigating and prosecuting gang-related crimes.[42]  However, law enforcement agencies and prosecuting authorities do not have access to psychological or mental health reports that may be included.[43]  The statute also limits the release of information by the receiving agency.[44]

            In an EJJ case, the court must also notify the Sentencing Guidelines Commission and the Department of Corrections.[45]  Records relating to regular juvenile delinquency dispositions in felony and gross misdemeanor cases are sent only to the Bureau of Criminal Apprehension.[46]

            In addition, when a child is adjudicated for an offense regarding the operation of a motor vehicle, the judge or agent of the court must report the violation to the commissioner of public safety.[47]

Schools:  The adjudicated juvenile’s probation offer must provide disposition records to the superintendent of any school the child is attending if the child was adjudicated for:

  • Murder, manslaughter, or any homicide crime;
  • Assault;
  • Robbery;
  • Kidnapping and kidnapping-related offenses;
  • Any criminal sexual conduct;
  • Arson;
  • Harassment/stalking;
  • Terroristic threats;
  • Tampering with witnesses;
  • First, second, third, fourth and fifth degree controlled substance crimes;
  • Importing a controlled substance;
  • Possession of a substance with intent to manufacture methamphetamine;
  • Other controlled substance offenses; and
  • An offense that involves the possession or use of a dangerous weapon.[48]

            In addition, a probation officer may provide the superintendent with disposition records if the juvenile has been placed on probation following adjudication.[49]

Attorneys: Juvenilecourt records of the child are available for inspection, copying and release to the child's counsel, guardian ad litem, and the prosecuting attorney without court order.[50]

Parents/Guardians:The juvenile’s parent and guardian may inspect the record freely.[51]

Juvenile: A juvenile’s record is always open for him/her to inspect at reasonable times.[52]  Any child “to whom the record relates” also has open access to the record.[53]

Other Third Parties: Juvenile records are generally not open to the public.[54]  In addition, there is a general prohibition on the dissemination of information and records to any current or prospective employer and any military service.[55]  However, the bureau may disseminate records for a certain background checks as provided by law.[56]

Destruction of Juvenile Records

            Minnesota law specifically provides for the destruction of juvenile history data.[57]  The time requirements for destruction depend upon the outcome of the case.  If, six months after the arrest, no petition has been filed against the juvenile and the matter has not been referred to diversion, the juvenile history data must be destroyed.[58]  If charges are filed and subsequently dismissed, the juvenile history data must be destroyed upon receiving notice from the court that the petition was dismissed.[59]  For juveniles referred to diversion or whose cases have been continued for dismissal, the juvenile history data must be destroyed when the child reaches the age of twenty-one.[60]  Finally, for juveniles found responsible for a delinquent act, the juvenile history data is destroyed when the offender reaches the age of twenty-eight.[61]

 

Sealing and Expunging Delinquency Files or Records

Do indigent juveniles have access to representation?

            Minnesota law provides thatanychild, parent, guardian, or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court.[62]  In delinquency proceedings, a juvenile is entitled to court-appointed counsel if charged with a felony or gross misdemeanor, if an out-of-home placement is proposed, or if the court believes the appointment of counsel is appropriate.[63]  Therefore, except in proceedings where the sole basis for the petition is a petty offense[64]or habitual truancy,[65]the court will appoint counsel to represent any child.  In addition, juveniles are entitled to court-appointed counsel to pursue post-dispositional relief.[66]

Do juveniles have the ability to seal or expunge court or arrest records?

            Minnesota law provides that juvenile court records may be expunged at any time at the discretion of the court, so long as custody of the juvenile has not been transferred to the Commissioner of Corrections.[67]  However, Minnesota law distinguishes between court and arrest records for expungement purposes.  The court, in most circumstances, only has the power to expunge records held by those subject to the court’s inherent administrative authority.[68]  Meaning that executive branch records collected by criminal justice agencies, like arrest records, might not be expunged by the court.[69]  No statute or rule provides for the expungement of juvenile arrest records.  There is, however, a provision for expunging adult arrest records.[70]

 How do juveniles seal/expunge courtrecords?

            Under most circumstances, juvenile court records may be expunged at the court’s discretion.[71]  The actual process for doing so, however, is vague.  The case law suggests that juvenile expungement proceedings follow the process of adult expungement proceedings.[72]

            To have records expunged, an individual must fill out a Notice of Hearing and Petition for Expungement, an Order Concerning Sealing of Records, and an Affidavit of Service.[73]  These documents are available at http://www.mncourts.gov/

            The documents must be served by mail to the prosecutorial office that held jurisdiction over the adjudicant’s case, as well as the attorney for each agency and jurisdiction.[74]  When the prosecutor’s office receives the documents, it will send the petition and the proposed expungement order to any victims in the original proceedings, and notify them of their right to attend any upcoming hearings on the proposed expungement order.[75]  A hearing will be scheduled within sixty days of service of the proposed expungement order, where victims’ oral or written testimony may be introduced.[76]  If the opposition cannot show by clear and convincing evidence that the disadvantages of sealing outweigh the advantages, the court will then seal/expunge the record.[77]  Note that courts are reluctant to grant expungement,[78] and even if expunged the records are not destroyed, but merely marked expunged and kept largely inaccessible.[79]

            Those who aided, abetted, or were convicted for murder, kidnapping, criminal sexual conduct, felony indecent exposure, child pornography, false imprisonment, soliciting/using a minor in sexual conduct, or who were sentenced as a criminal sex offender may not expunge juvenile records.[80]

Who has access to sealed/expunged juvenile court records?

            As discussed above, there is no case law or statutory guidance for access to an expunged juvenile record.  If applying adult provisions, however, access to expunged juvenile records is available in some instances.[81]  For example:

  • An adjudicated juvenile’s photographs may never be expunged from law enforcement records or databases.[82]
  • A criminal justice agency may view expunged records to perform an employment background check, unless the court order for expungement is directed specifically to the commissioner of human services.[83]
  • An expunged record may be opened upon court order for purposes of a criminal investigation, prosecution, or sentencing.[84]
  • An expunged record may be opened for purposes of evaluating a prospective employee in a criminal justice agency.[85]
  • County agencies conducting background studies for family childcare services are required to review certain juvenile court records, including expunged records, unless the commissioner received notice of a petition for expungement and the court order is directed to the commissioner.[86]  The same access applies to the commissioner.[87]

 

 Challenging Court Record and Arrest Record Accuracy

            A person may challenge the accuracy of a record in a written request to the responsible authority identifying inaccuracies or missing information.[88]  If the state determines that the record is inaccurate, it will immediately correct the mistake or destroy the record.[89]  If the state determines that the record is accurate, it must notify the person challenging the record of the right to appeal the decision, along with the procedures for appeal.[90]

 

Employment Opportunities

May juvenile records be viewed for employment purposes?

            Employers are generally not permitted to view any juvenile record.[91]  Employers allowed by statute to access a juvenile’s records for purposes unrelated to criminal justice or law enforcement (namely employment positions that work directly with children) may request such records through a background check from the BCA (Bureau of Criminal Apprehension).[92]  The scope of the background check is limited to whether specific statutory crimes, called “background check crimes,” were committed by the juvenile.[93]  An individual cannot bypass this regulation by consenting to the release of personal juvenile records.[94]

            Although numerous application and licensing questionnaires ask applicants about prior convictions, Minnesota law specifies that the term “conviction” does not apply to juvenile adjudications or findings of guilt.[95]  However, if a juvenile has been certified and moved into the adult justice system, the court records become are available to the public.[96]  Records are also public for youth at least sixteen years old and charged with an offense that would be a felony if committed by an adult.[97]  In this situation, the juvenile’s arrest information will then be regulated under the same statutes that regulate the distribution of adult arrest information.

What information is available to employers with access to juvenile delinquency records?

            The scope of the background check for authorized employers will be limited to crimes against children and violent crimes.[98]  Minnesota law does not permit the release of any additional information concerning other crimes a juvenile may have committed.[99]

May an employer view a sealed juvenile record?

            The sealed records of youth adjudicated delinquent, youthful offenders, and juveniles tried as adults may not be viewed by most employers.[100]  However, Minnesota law provides an exception for criminal justice agencies to view expunged or sealed records without a court order for the purposes of evaluating a prospective employee.[101]  It should be noted that the statute allowing access to criminal justice agencies is part of the adult criminal code, so the effect on the records of juvenile offenders is unclear.

What type of employers may disqualify applicants based on juvenile records?

            Applicants for the following positions may be disqualified based on juvenile records:

School Employees & Volunteers:  Because Minnesota law requires the release of certain juvenile records as part of a background check for any individual seeking employment that requires interaction with children, most, if not all, school employees and volunteers will have juvenile records included as part of a background check.[102]  However, the only juvenile records revealed will be those involving crimes of violence or crimes against children.[103]

Employment & Volunteering with a Daycare Provider:  Similar to employment or volunteering at schools, all daycare providers will receive information regarding crimes of violence or crimes against children in the background check.[104]

Other Human Services Licensed Employment: The Minnesota Department of Human Services is allowed to access private juvenile records to conduct a background study.[105]  This is a requirement for adoption, foster care, childcare, personal care, and employment at a hospital or nursing home.[106]  A disqualification can be based on an arrest or charge without a finding of guilt or adjudication if the Department of Human Services determines by a preponderance of the evidence that the person engaged in the conduct specified.[107]  Certain types of crimes or conduct will prevent someone from ever working in these occupations, and others will prevent it for seven, ten or fifteen years unless a waiver is granted.[108]

How should a juvenile answer inquires about prior records on job applications?

Youth certified and moved to adult justice system:  If a youth has been certified and moved to the adult justice system and is later found guilty or pleads guilty to a crime, the answer is “yes” to any question inquiring about convictions.[109]  Since all court records for juveniles tried through the adult system are automatically available to the public, the juvenile may assume that an employer will have access.

Youth designated as an Extended Jurisdiction Juvenile:  If a youth has been designated an Extended Jurisdiction Juvenile and is found guilty or pleads guilty to a crime, the answer is “yes” to any question asking about convictions.  This is because the juvenile code uses the term “convicted” when referring to Extended Jurisdiction Juveniles.[110]

Youth adjudicated as a juvenile delinquent:  Youth with delinquency records may answer “no” when asked about convictions.[111]  The juvenile may assume that most employers (with the exception of positions involving interaction with children) will not have access to juvenile records.[112]  If, however, the youth is applying for a position involving interaction with children, the employer will have access to any records involving a juvenile adjudication for a violent crime or crime against children.  These juvenile adjudications fall within the definition of “background check.”[113]  In addition, court records are public for juveniles charged with a felony-level offense and who are at least sixteen years old at the time of the alleged offense.[114]  A search of the state court’s website database, MNCIS, shows that while the records are public, it appears that the juvenile court file number is required to access the limited court information available.[115]  

How should questions about arrests be answered?

            In Minnesota it is legal for an employer to ask about an applicant’s prior arrest record.  Although no arrest records for individuals under the age of eighteen are public, an employer seeking a background check for a position that involves interaction with children will still have access to arrest records related to any violent crime or crime against children.[116]  With this access in mind, juvenile arrestees should respond “yes” to questions if arrested under these circumstances.

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect elementary or high school education?

            A student in Minnesota may be dismissed from school upon the commission of willful conduct that (a) is a violation of any reasonable school board regulation, (b) significantly disrupts the rights of others to an education or the ability of school personnel to perform their duties, or (c) endangers the pupils or surrounding persons, including school district property and employees.[117]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect chances of becoming a foster parent or adopting a child?                                           

            When individuals apply for a foster care or adoption license, everyone in the household must undergo a background check.[118]  This includes (1) all individuals age thirteen and over, (2) individuals age ten to twelve living in the household if the commissioner has reasonable cause, and (3) any outside individuals with access to the children in the household.[119]  This background check will include information from juvenile courts.[120]  Certain offenses will disqualify prospective adoptive or foster parents, including convictions or adjudications for child abuse or neglect, spousal abuse, a crime against children, a crime involving violence, a crime involving physical assault or battery, and a drug-related offense.[121]

Can a juvenile record affect eligibility for public housing?

            Anyone subject to lifetime sex offender registration is ineligible for federally assisted housing.[122]  Public Housing Authorities also have the right to evict families and individuals if, (1) a household member is accused of any criminal activity,[123] (2) a tenant or member of the household engages in drug related activities on or near the premises or in any activity resulting in a felony conviction,[124] or (3) a tenant threatens the health, safety, or right to peaceful enjoyment of the premises, of other tenants or employees of the public housing authority.[125]  Therefore, adjudications may lead to the termination of a lease.

Can a juvenile record affect a driver’s license or permit?

            If a juvenile court determines formally or informally that a person under the age of eighteen has violated any law of the state regulating the operation of motor vehicles, the judge may recommend suspension of the juvenile’s license.[126]  In addition, a juvenile may have a license suspended if adjudicated for one of the following offenses:

  1. Underage drinking offense[127]
  2. Illegal purchase of alcohol or tobacco using a license, Minnesota identification card, or any type of false identification[128]
  3. Controlled substance offense[129]
  4. Theft of gasoline offense[130]

            In addition, revocation will occur immediately if a juvenile commits one of the following offenses:[131]

  1. Manslaughter resulting from the operation of a motor vehicle or criminal vehicular homicide or injury;
  2. Driving while impaired or fleeing from peace officers;
  3. Felony in the commission of which a motor vehicle was used;
  4. Failure to stop and disclose identity and render aid in the event of a motor vehicle accident, resulting in the death or personal injury of another;
  5. Perjury or the making of a false affidavit or statement to the department under any law relating to the ownership or operation of a motor vehicle;
  6. Three charges of violating any traffic regulation for which the accused may be punished by imprisonment within a period of twelve months;
  7. Two or more violations of failing to stop a vehicle or keep a vehicle stopped when a school bus is displaying signals within five years;
  8. Failing to stop a motor vehicle or to keep it stopped when a school bus is displaying signals, passing or attempting to pass the school bus in a vehicle on the right-hand side, passing or attempting to pass the school bus in a vehicle when a school child is outside of the school bus;
  9. An offense in another state that, if committed in this state, would be grounds for revocation; or
  10. Violation of an applicable speed limit by a person driving in excess of one hundred miles per hour.

 

Special Offender Registries

When must a juvenile register as a sex offender?

            In general, a juvenile must be placed on the registry if adjudicated delinquent for offenses similar or identical to murder, kidnapping, criminal sexual conduct, including sexual penetration (of any degree), sexual conduct by coercion or force (or any nonconsensual sexual contact), predatory conduct for sexual purposes, indecent exposure, false imprisonment, soliciting a minor to engage in prostitution or sexual conduct, possessing pornographic work involving a minor, or any other egregious sex offender crime.[132]  However, a finding of guilt does not automatically result in an adjudication of delinquency under Minnesota’s juvenile code.[133]  Upon a finding that the charges have been proved, the court retains the option to continue the case without adjudication and order an appropriate disposition.[134]   Therefore, those juveniles found guilty of an offense for which registration is required will not be required to register if the court stays an adjudication of delinquency.

Who has access to the sex offender registry?

            A juvenile over the age of sixteen who is required to register on the sexual offender registry, and fails to do so, will be penalized and the information will be made available to the public.[135]  Certain data on children is also accessible by persons assessing whether a child sex offender is in need of and amenable to sex offender treatment.[136]  Further, the commissioner of corrections has full access to relevant information on the treatment of a sexual offender.[137]

            In all other circumstances, the data collected on the sexual offender registry is used only for law enforcement and corrections purposes.[138]

Is there relief for those on the sex offender registry?

            Because the sexual offender registry in Minnesota is not public, relief for a registrant is not provided before the minimum registration time requirement, except for correcting inaccurate data on the registry.[139]

What information is disclosed?

            A juvenile required to register for the sex offender registry must provide the same information as convicted adult sex offenders.[140]


 

 


[1] Minn. Stat. § 260B.171(1)(a) (2009);Minn. Stat. § 260B.171(4)(b) (2009); Minn. R. Juv. Del. P. 30.02 (2010).

[2] See Minn. R. Juv. Del. P. 30.02, subd. 3(B)(2) (2010) (stating that juvenile records arising from delinquency proceedings are available to some law enforcement agencies but only if the court deems it reasonable for public safety).

[3]See Gabriel J. Chin, Race, the War on Drugs, and the Collateral Consequences of Criminal Conviction, 6 J. Gender, Race & Just. 253, 253 (2002) (stating that “collateral consequences may be the most significant penalties resulting from a criminal conviction.”);see generally ABA Standards for Criminal Justice : Collateral Sanctions and Discretionary Disqualification of Convicted Persons (3d ed. 2003).

[4] Minn. Stat. § 609B.050 (2009) (showing that juveniles convicted as adults or as an Extended Jurisdiction Juvenile are subject to the statutory collateral sanctions listed in § 609B.050).

[5] See Minn. Stat. § 624.713(4) (2009) (juvenile court judge required to notify juvenile of inability to possess or carry a firearm if adjudicated delinquent for a crime of violence); Minn. Stat. §243.166(2) (2009) (juvenile court judge required to notify juvenile of registration requirements when adjudicated delinquent for a predatory offense).

[6] Minn. Stat. § 609B.050 (2009).

[7] Minn. Stat. § 260B.245(1)(a) (2009); Minn. Stat. § 260B.125 (2009).

[8] Minn. Stat. § 260B.245(1)(a) (2009).

[9] See Minn. Stat. § 260B.245(1)(b) (2009) (providing that juveniles adjudicated delinquent for a crime of violence are prohibited from shipping, transporting, possessing, or receiving a firearm).

[10] Minn. Stat. § 260C.007(6)(12) (2009); In re Welfare of S.A.C., 529 N.W.2d 517 (Minn. Ct. App. 1995).

[11] Minn. Stat. § 260B.125(1) (2009).

[12] Id.

[13] Minn. Stat. § 609.055(2)(b) (2009).

[14] Minn. Stat.§ 260B.125(2) (2009).

[15] Minn. Stat.§ 260B.125(3) (2009).

[16] Id.

[17] See Minn. Stat.§ 260B.125(2), (4) (2009) (listing six factors, namely, (1) the seriousness of the alleged offense;(2) the culpability of the child in committing the alleged offense; (3) the child's prior record of delinquency; (4) the child's programming history; (5) the adequacy of the punishment or programming available in the juvenile justice system; and (6) the dispositional options available for the child).

[18] Minn. Stat.§ 260B.130(1) (2009).

[19] Minn. Stat.§ 260B.130(4) (2009).

[20] Minn. Stat.§ 260B.130(5) (2009).

[21] Minn. Stat.§ 243.166(1b) (2009). The offenses included within this statute are:conspiracy to commit, attempt to commit, or actual commission of murder, kidnapping, criminal sexual conduct, felony-level indecent exposure, false imprisonment, soliciting a minor to engage in prostitution, soliciting a minor to engage in sexual conduct,  using a minor in a sexual performance, and possessing child pornography.

[22] Minn. Stat.§ 243.166(2) (2009).

[23] Id.

[24] Id.

[25] Id.

[26] Id.

[27] Minn. Stat.§ 624.713(3)(a) (2009).

[28] Minn. Stat.§ 624.713(3)(b) (2009).

[29] See generally Minn. Stat. § 299C.095 (2009) (establishing authority to create the State criminal database called MNCIS).

[30] See Minn. R. Juv. Del. P. 6.01 (2010).

[31] Minn. Stat. § 260B.1719(1)(a) (2009), Minn R. Juv. Del. P. 30.01, subd. 1 (2010).

[32] Minn. Stat.§ 260B.171(2)(a) (2009).

[33] See Minn. Stat. § 299C.095(1)(b) (2009) (providing that background checks made in the BCA database must comply with existing statutory requirements and restraints).

[34] Minn. Stat. § 260B.171 (2009).

[35]Minn. Stat. §260B.171(4)(b) (2009).

[36] Minn. Stat. § 260B.171 (2009).

[37] Minn. Stat.§ 260B.163(1)(c)(2) (2009).

[38] Minn. Stat.§ 260B.171(4)(b)(1) (2009).

[39]Minn. Stat.§ 260B.171(4)(c) (2009).

[40] Minn. Stat.§ 260B.171(1)(a) (2009).

[41] Id.

[42] Id.

[43] Id.

[44] Id.

[45] Minn. Stat. § 260B.171(2)(c) (2009).

[46] Minn. Stat.§ 260B.171(2)(a) (2009).

[47] Minn. Stat.§ 260B.171(4)(e) (2009).

[48] Minn. Stat. § 260B.171(3)(a) (2009).

[49] Minn. Stat.§ 260B.171(3)(b) (2009).

[50] Minn. R. Juv. Del. P. 30.02, subd. 2 (2010).

[51] Minn. Stat.§ 260B.171(1)(a) (2009); Minn. R. Juv. Del. P. 30.02, subd. 2 (2010) (A juvenile’s, and his or her parent’s, right to freely access a “court record” is different from their ability to access “police records.”  A juvenile and parent are only allowed to “inspect” court records but are not allowed to obtain a copy of the records without a court order.    However, the juvenile and parent are able to obtain copies of police records under Minn. Stat. § 260B.171(5)(a), which provides that “police record” can be disseminated to the juvenile, or the juvenile’s parent unless disclosure would interfere with an ongoing investigation.).

[52] Id.

[53] Id.

[54] Minn. Stat. § 260B.171(4)(b) (2009).

[55] Minn. R. Juv. Del. P. 30.02(3)(c) (2010).

[56] Minn. Stat. § 299C.095(1)(b) (2009).

[57] Minn. Stat.§ 299C.095(2) (2009).

[58] Minn. Stat.§ 299C.095(2)(b) (2009).

[59] Minn. Stat.§ 299C.095(2)(c) (2009).

[60] Minn. Stat.§ 299C.095(2)(d) (2009).

[61]Minn. Stat.§ 299C.095(2)(e) (2009) (also noting that an exception to this destruction requirement expects that adult offenders with a juvenile record mustretain the juvenile history data for as long as the data would have been retained if the offender had been an adult at the time of the juvenile offense).

[62] Minn. Stat.§ 260B.163(4)(a) (2009).

[63] Minn. Stat.§ 260B.163(4)(b) (2009).

[64] Minn. Stat.§ 260B.163(4)(a) (2009).

[65] Under Minnesota law, truancy falls within the definition of a child in need of protection or services (CHIPS).  Minn. Stat.§ 260C.007(19) (2009).  Only juveniles who face an out-of-home placement for truancy are  entitled to an attorney.  Minn. Stat. § 260C.163(3)(c) (2009).

[66] Minn. Stat.§ 611.14 (2009); Minn. Stat. § 611.18 (2009).

[67] Minn. Stat. § 260B.198(6) (2009).

[68] See generally State v. S.L.H., 755 N.W.2d 271 (Minn. 2008)(holding that a court may not expunge any record beyond the bounds of its jurisdiction, noting in particular arrest records).

[69] Id.

[70]Minn. Stat. § 299C.11(1)(b), (c) (2009).

[71] Minn. Stat. § 260B.198(6) (2009).

[72] See State v. M.L.A., 785 N.W.2d 763 (Minn. Ct. App. 2010), review denied (Sept. 21, 2010).   

[73] See Basics on Criminal Expungement, http://www.mncourts.gov/selfhelp/?page=328#ExpungementPaperwork&Fees (last visited Nov. 5, 2010).

[74] Minn. Stat. § 609A.03(3)(a) (2009).

[75] Minn. Stat.§ 609A.03(3)(b) (2009).

[76]Minn. Stat.§ 609A.03(4) (2009).

[77] Minn. Stat.§ 609A.03(5)(b), (c) (2009).

[78] Minn. Stat.§ 609A.03(5) (2009).

[79] Minn. Stat.§ 609A.03(5) (2009).

[80] Minn. Stat.§ 609A.02(4) (2009); see also Minn. Stat. § 243.166(2) (2009) (listing all applicable crimes and conditions that for which an adjudicate will need to register—and therefore be ineligible for expungement).

[81] Minn. Stat.§ 609A.03(7) (2009).

[82] Minn. Stat.§ 13.82(29) (2009).

[83] Minn. Stat.§ 609A.03(7)(b)(3) (2009).

[84] Minn. Stat.§ 609A.03(7)(b)(1) (2009).

[85] Minn. Stat.§ 609A.03(7)(b)(2) (2009).

[86] Minn. Stat.§ 245C.08(1)(b) (2009) (emphasis added).

[87] Minn. Stat.§ 245C.08(1)(b) (2009).

[88] Minn. Stat. § 13.04(4)(a) (2009).

[89] Minn. Stat.§ 13.04(4)(b) (2009).

[90] Minn. Stat.§ 13.04(4)(a) (2009).

[91] Minn. R. Juv. Del. P. 30.02(3)(c) (2010).

[92] Minn. Stat.§ 299C.095, subd. 1 (2009).

[93] Minn. Stat.§ 299C.61(2) (2009) (defining background check crime as crimes that include child abuse, murder, manslaughter, felony level assault or any assault crime committed against a minor, kidnapping, arson, criminal sexual conduct, and prostitution-related crimes).

[94] Minn. Stat.§ 299C.095(1)(b) (2009).

[95] Minn. Stat. § 260B.245 (2009).

[96] Minn. Stat.§ 260B.163 (2009).

[97] Minn. Stat.§ 260B.163(1)(c)(2) (2009).

[98] Minn. Stat.§ 299C.095(1)(b) (2009) (indicating that only background check crimes will be available to those who are authorized); Minn. Stat. § 299C.61(2) (2009) (defining background check crime as crimes that include child abuse, murder, manslaughter, felony level assault or any assault crime committed against a minor, kidnapping, arson, criminal sexual conduct, and prostitution-related crimes).

[99] Minn. Stat.§ 299C.095(1)(b) (2009).

[100] Minn R. Juv. Del. P. 30.02(c)(3) (2010).

[101] Minn. Stat. § 609A.03(7)(b)(3) (2009).

[102] Minn. Stat. § 299C.62 (2009).

[103] Minn. Stat.§ 299C.095(1)(b) (2009).

[104] Minn. Stat. §299C.62 (2009).

[105] Minn. Stat. § 245C.08(4) (2009).

[106] Minn. Stat. § 245C.03 (2009).

[107]Minn. Stat.§ 245C.14(1)(a)(2) (2009).

[108] See Minn. Stat. § 245C.15 (2009).

[109] Minn. Stat. § 260B.125(7) (2009).

[110] Minn. Stat.§ 260B.171(2)(c) (2009).

[111] Minn. Stat.§ 260B.245(a) (2009).

[112] Minn. Stat. § 299C.095(1)(2009).

[113] Minn. Stat.§ 299C.62 (2009).

[114] Minn. Stat.§ 260B.163(1)(c) (2009).

[115] Minnesota Judicial Branch, http://www.mncourts.gov (last visited Nov. 5, 2010).

[116] Minn. Stat.§ 299C.62(1) (2009).

[117] Minn. Stat. § 121A.45, subd. 2 (2009).

[118] Minn. Stat. § 245C.03 (2009); Minn. Stat. § 259.41 (2009).

[119] Id.

[120] Minn. Stat.§ 245C.08, subd. 1(a)(3) (2009).

[121] Minn. Stat.§ 259.41 (2009).

[122] 42 U.S.C.A. § 13663 (West, 2010 through P.L. 111-160).

[123] Minneapolis Pub. Housing Authority v. Mais Lor, C2-97-1756 (Minn. 1999).

[124] 42 U.S.C.A. § 1437f(d)(1)(B)(iii) (West, 2010 through P.L. 111-160); 42 U.S.C.A. § 1437d(k) (West, 2010 through P.L. 111-160).

[125] Id.

[126] Minn. Stat. § 171.16(5) (2009).

[127] Minn. Stat.§ 171.173 (2009).

[128] Minn. Stat.§ 171.171 (2009).

[129] Minn. Stat.§ 171.172 (2009).

[130] Minn. Stat.§ 171.175 (2009).

[131] Minn. Stat.§ 171.17 (2009).

[132]Minn. Stat. § 243.166 (2009).

[133] Minn. R. Juv. Del. P. 15.05 (2010).

[134] See Minn. Stat. § 260B.198(7) (2009); Minn. R. Juv. Del. P. 15.05 (2010).

[135] Minn. Stat.§ 243.166(2) (2009).

[136] Minn. Stat.§ 13.875(3) (2009)

[137] Minn. Stat.§ 241.67(9) (2009).

[138] Minn. Stat.§ 243.166(7) (2009).

[139] Minn. Stat.§ 13.04(4a) (2009).

[140]Minn. Stat. § 243.166(4)-(4a) (2009).

Resources/Links

The Juvenile Justice Coalition of Minnesota
http://www.jjcmn.com/
Minnesota Office of Justice Programs
http://www.ojp.state.mn.us/cj/system/steps.html#juv
Minnesota Juvenile Justice Advisory Committee
http://www.jjac.state.mn.us/
Extending Roper's Reasoning to Minnesota's Juvenile Justice System
http://www.wmitchell.edu/lawreview/Volume32/Issue3/10McNaughton.pdf
Minnesota Board of Public Defense
http://www.pubdef.state.mn.us/
United State's Attorney's Office- District of Minnesota
http://www.justice.gov/usao/mn/