More On Clearing Up Old Criminal Records

December 19, 2009  |  Jon P. Erickson

More On Clearing Up Old Criminal Records By Jon P. Erickson The article “Old Criminal Records Can Be ‘Off the Record’”, generated some additional issues which we’d like to address. The article discussed the legal process known as “expungement” in which information in old criminal records resulting from an arrest process can be sealed or returned. In addition to the situations discussed in that article which might be appropriate for expungement, there are several others that might also be appropriate. Some controlled substance convictions are appropriate for expungement, depending upon how the case was handled. Many first-time offenders who were charged with and convicted of a controlled substance crime may be eligible for expungement under the Minnesota law. Also, any individual who is convicted of a felony offense prior to reaching age 21 might also qualify for an expungement under a different Minnesota statute. This particular law provides that an individual who was convicted of a felony offense before reaching age 21 is eligible for an expungement for most felony offense convictions, assuming that five years have passed since the sentence for that offense was served and/or the defendant was discharged from probation. In addition, the individual could not have been convicted of any other new felony or gross misdemeanor offenses during the…

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Spotlight on Alternative Dispute Resolution Services

December 13, 2009  |  BGS

Spotlight on Alternative Dispute Resolution Services Alternative Dispute Resolution, (“ADR”) is a term used to refer to the use of a disinterested, neutral, third party to provide insight and assistance in the resolution of disputed issues. ADR neutrals are often required by the courts to be employed in the litigation process. Darrell A. Jensen and Joan M. Quade are qualified ADR neutrals under Rule 114 of the Minnesota Supreme Court. Each has served individual clients for years as counselors and litigators. For the past several years individuals and businesses have increasingly been looking to ADR for some relief as litigation costs continue to rise. Joan M. Quade is the practice group leader of the Commercial Litigation, Employment Law and Municipal departments. She has handled many types of cases, including cases in employment law, real estate, non-competes and contract disputes. She now stands ready to provide an additional service in the area of Alternative Dispute Resolution. Contact Joan M. Quade when you are looking for creative ways to resolve disputes and preserve business partnerships, and even create new joint ventures. Darrell A. Jensen is also a member of the Commercial Litigation and Employment Law department. He has served as an ADR neutral in over 177 mediations and arbitrations, in many substantive areas of law…

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Alternative Dispute Resolution ("ADR") Trends: The Growth and Prevalence of ADR in Litigation

December 13, 2009  |  BGS

Alternative Dispute Resolution (“ADR”) Trends: The Growth and Prevalence of ADR in Litigation The Growth and Prevalence of ADR in Litigation By Bradley A. Kletscher Those who have been through litigation over the course of many years have seen a gradual change in how litigation is conducted. Litigation has gone from trial “by ambush” to full discovery and trial, to Alternative Dispute Resolution (“ADR”) without a trial. ADR is the process through which litigants attempt to resolve a dispute short of a full trial on the merits before a judge and jury. The Trend Toward ADR Over the past two decades there has been an explosion in the number of cases filed in state and federal courts across the country. This is a result not only of the growing economy of this country, but also the growing number of individuals and businesses across the country involved in litigation. As the number of cases have grown, courts have looked for a method by which they can reduce the number of cases on their docket short of a full trial and decision on the merits. The method to accomplish this is ADR. In addition to the Court’s desire to clear their docket of cases is the interest of individuals and businesses in reducing the cost…

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