Author Archives: Emily Baxter

Emily Baxter

Emily Baxter is a Fellow at the University of Minnesota Law School’s Robina Institute of Criminal Law and Criminal Justice. Prior to this, Emily served as the director of advocacy and public policy at the Council on Crime and Justice in Minneapolis, Minnesota, and as an assistant public defender representing indigent members of the Leech Lake and White Earth Bands of Ojibwe charged with crimes in Minnesota State court. Emily is a former Archibald Bush Fellow. Her project, We Are All Criminals, which challenges society’s perception of ‘clean’ vs. ‘criminal,’ can be found at www.weareallcriminals.org.

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Minnesota’s sweeping new expungement law takes effect

Beginning January 1st, 2015, many Minnesotans will have a meaningful shot at a second chance through criminal records expungement. For decades, many individuals have relied upon (and often languished under) a court’s inherent authority to expunge (or seal) criminal records, but recent Minnesota Supreme Court decisions effectively eviscerated that remedy. Without a legislative act expressly granting judicial authority to seal records held within executive branch agencies, the majority of petitioners were granted orders sealing only court records—leaving numerous publicly accessible criminal records untouched.

The new law, passed with bipartisan support and building upon momentum gained with last year’s Ban the Box for private employers, changes that.   It provides new authority for expunging (sealing) both criminal and juvenile records held by executive branch agencies; requires data mining companies to observe expungements, protects employers and landlords hiring and renting to individuals with expunged records, addresses victimization and housing evictions, and clarifies a number of procedural issues.  The standard for granting expungement remains that under current law, requiring the court to balance private and public interests.

While by no means a silver bullet, this new legislation will help a significant number of Minnesotans currently locked out of employment, housing, licensure, education, and countless other of life opportunities, by providing a true opportunity for a second chance.

Here is an explanation of the new law’s specific provisions. 

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Minnesota project examines how different life would be with a criminal record

weareallcriminals

WeAreAllCriminals.org

One in four people in the United States has a criminal record. It’s a record used by the vast majority of employers, legislators, landlords, and licensing boards to craft policies and determine the character of an individual.  In our electronic and data age, it typically does not disappear, regardless of how long it’s been or how far one’s come. The effect is an endless sentence, precluding countless opportunities to move on or move up in life.

But what about the other 75%?

We Are All Criminals is a documentary project that looks at the three in four people in the US who have the luxury of living without an official reminder of a past mistake.  Participants tell stories of crimes they got away with.  They are doctors and lawyers, social workers and students, retailers and retirees who consider how very different their lives could have been had they been caught; these confessions are juxtaposed with stories of people who were caught for similar offenses.

The stories are of youth, boredom, intoxication, and porta potties. They are humorous, humiliating, and humbling in turn. They are privately held memories without public stigma; they are criminal histories without criminal records.

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