Minnesota Expungement Lawyer Lynne Torgerson wins expungement of misdemeanor domestic assault out of the City of Otsego, County of Wright. The facts were that Petitioner had thrown rocks at his sister. Petitioner is now in his late 20s. He is married. He and his wife have a toddler daughter. He owns his own home. He was born in Minnesota. He received good grades in high school. His extracurricular activities included farming, caring for fowl, and milking cows. He is a high school graduate. He is employed in the construction industry, which he has been doing since he was a child. He is a Foreman. He builds new houses. For future plans, he wants to move out of the cities and live off the grid. He does not use illegal drugs. He does not consume alcohol. Concluding that Petitioner had proven his case by clear and convincing evidence, the Court, The Honorable Mary Yunker, granted the extraordinary remedy of expungement of these records. Well done Ms. Torgerson.
Under Minnesota law, a person convicted of domestic assault loses his gun rights for three (3) years, and then they are restored. Interestingly, under federal law, where a domestic assault does not involve a romantic partner or a parent abusing a child, where the misdemeanor crime of domestic violence involves a sibling, a person does NOT lose their gun rights under federal law. Oftentimes, the FBI, when conducting NICS background checks, issues an erroneous denial of an attempt to purchase a firearm, nothwithstanding, because they do not check the facts of conviction, and just go by the title.