Legal Opinion

State v. Scheffler

Court of Appeals of Minnesota

Decided July 8, 2019No. A19-0488Published

1Opinion of the CourtLarkin, Judge

Appellant challenges the district court's denial of his fee-waiver request in a district court action to expunge a petty misdemeanor conviction. Because the district court's determination that appellant is ineligible for fee waiver is based on its erroneous determination that appellant is not indigent, and because the ultimate decision whether to waive a filing fee in an action to expunge criminal records is governed by Minn. Stat. § 609A.03, and not by Minn. Stat. § 563.01, on which the district court relied, we reverse and remand for the district court to reconsider appellant's fee-waiver…

2Cases cited5 opinions

  1. Dynamic Air, Inc. v. BlochCourt of Appeals of Minnesota · 1993
  2. State ex rel. Interstate Air-Parts, Inc. v. Minneapolis-St. Paul Metropolitan Airports CommissionSupreme Court of Minnesota · 1947
  3. State v. GuzmanSupreme Court of Minnesota · 2017
  4. Ehlert v. GraueSupreme Court of Minnesota · 1972
  5. Maddox v. Department of Human Services of MinnesotaCourt of Appeals of Minnesota · 1987

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