Claffey Law Claffey Law 2026-10-08T15:45:41Z https://www.kclaffeylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304365/2025/12/cropped-fav-icon-cla-32x32.png On Behalf of Claffey Law <![CDATA[How do the new laws affect juvenile prosecution in Minnesota?]]> https://www.kclaffeylaw.com/?p=46405 2026-10-08T15:19:32Z 2026-10-08T15:19:32Z The new age limits for juvenile prosecution State lawmakers raised the minimum age for delinquency proceedings from 10 to 13. The change applies to acts committed on or after Aug. 1, 2026. Anyone younger than 13 at the time of the alleged conduct falls outside the legal definition of a delinquent child. For conduct covered by this change, a prosecutor cannot file a juvenile delinquency petition, the document that formally starts this kind of court case. The same age limit applies to juvenile petty offenses, a lower-level category that includes alcohol and tobacco violations by a minor.

The shift to child welfare

A child who commits a delinquent act before age 13 now qualifies as a child in need of protection or services (CHIPS). This is a child welfare status rather than a delinquency charge. The county or tribal agency that handles such cases coordinates the response. When law enforcement officers refer the matter to child protection intake, staff review the circumstances and the family's needs. Schools and community partners may also help plan services that focus on safety and support instead of punishment.

The role police and prosecutors still play

Officers may still take a child under 13 into protective custody if they reasonably believe the child's health or welfare is in danger. Even then, a secure detention facility cannot hold that child for more than 24 hours. For children who were 13 or older when the alleged act occurred, prosecutors retain the authority to file delinquency petitions. A 12-year-old and a 13-year-old involved in the same incident can therefore face different processes.

Next steps for families

After an incident, you can ask the county or tribal agency whether it received a child protection referral and what it expects from your family. Not every referral leads to a court case. The county attorney or another eligible person may file a CHIPS petition. If your child remains in protective custody, the court must hold a hearing within 72 hours after that custody began, excluding weekends and holidays. You have the right to an attorney at that hearing and throughout the CHIPS proceedings.]]> On Behalf of Claffey Law <![CDATA[Can Minnesota employers still see my expunged record? The truth about background checks]]> https://www.kclaffeylaw.com/?p=46394 2026-05-12T18:10:43Z 2026-05-12T18:10:43Z job seekers keep asking the same thing: “If I get an expungement, can an employer still see it?” The concern makes sense. The Minnesota job market is very competitive and employers rely heavily on screening tools to find the right candidates. One tool they may use: a background check. 

What can employers see when they conduct a background check?

A background check can include a range of items depending on the employer’s goals. Common examples include:
  • Criminal history
  • Past employment
  • Education
  • Credit history, generally only if position involves handling funds
  • Professional licensure verification, if applicable
Those who are concerned that a criminal conviction could impact employment have options. In some cases, an expungement may help.

What is the purpose of an expungement in Minnesota?

An expungement is a court order that prevents others from seeing a criminal record. In Minnesota, this does not erase or remove the record. Instead, it means it is sealed from most public view. As such, most private employers would not see the record during a traditional background check.

What types of employers could still see an expunged record?

There are some exceptions. Certain types of employers can see a criminal record even with a successful petition for expungement. This generally includes employers in the government sector like a law enforcement agency and other state and federal agencies. Certain positions that require professional licensure can also have access. 

How do I expunge a misdemeanor in Minnesota?

Most petitions are filed in the county where the case occurred. Each county has local filing practices. Some counties set hearings months out while others move faster. Expect steps like petition preparation, service on agencies, waiting periods and a hearing or administrative review depending on eligibility. Eligibility often turns on the offense level, disposition, waiting period, new convictions, restitution and the presence of any pending charges. If you want a clear answer on whether Minnesota employers can still see your expunged record based on your county, your charge and your target job field, schedule a free consultation. This can lead to a practical plan for next steps and help you to move forward with your future.]]> On Behalf of Claffey Law <![CDATA[CHIPS 101: A plain-English guide to “Child In Need Of Protection Or Services” petitions in Minnesota]]> https://www.kclaffeylaw.com/?p=46393 2026-05-13T10:02:33Z 2026-05-12T18:05:56Z you are trying to find more information about “CHIPS” in Minnesota, you likely want one thing: clarity. A CHIPS petition is a court filing alleging a child needs protection or services due to safety concerns. It starts a juvenile protection case, sets deadlines and brings social services into the process. Knowing the typical timeline can help to reduce uncertainty and lead to calmer decision-making.

What a CHIPS petition means

A CHIPS petition asks the juvenile court to get involved and help determine who should be responsible for a child. The goal is child safety and court oversight. The case can move quickly and can feel overwhelming. Having a basic understanding of a general timeline for the process can help you gain some control over the situation.  

Timeline from petition to permanency hearing

Step 1: Petition filed

A county attorney or another responsible person files the CHIPS petition. The petition lists allegations, requested court orders and placement details if the child is already out of the home.

Step 2: Emergency protective care hearing

If the child is removed and taken into protective care, the court holds an early hearing to review the removal and decide whether the child can return home or requires protective care. 

Step 3: First appearance, advisement, legal counsel

Parents receive notice of allegations, rights and next dates. The court addresses attorneys, interpreters, contact orders, testing, releases, services and other related matters.

Step 4: Admit, deny, case planning begins

The court asks for a response to the allegations made within the petition. A denial leads toward trial preparation and development of a case plan to address safety issues, parenting needs, housing, mental health, etc. Before the next stage, most families benefit from tracking the immediate priorities. These items often shape early outcomes:
  • Court dates, required appearances, deadlines  
  • Visitation schedule, supervision terms, transportation plan  
  • Case plan tasks, evaluations, recommended treatment, documentation
These focus points create structure. Structure supports progress. If allegations are admitted, the court can adjudicate CHIPS, order services and maintain placement orders. If denied, the court holds a trial, deciding whether the county proved the allegations.

Step 5: Review hearings

The court reviews progress, updates the case plan, addresses barriers, adjusts visitation, considers trial home visits and evaluates return home.

Step 6: Permanency timeline, permanency hearing

Minnesota law requires permanency planning within set timelines. The permanency hearing addresses long-term direction: return home, transfer of custody, permanent placement and the termination of parental rights in some cases. As permanency approaches, expect a narrower set of legal questions. The court typically focuses on:
  • Child safety, parent progress, reasonable efforts by the county  
  • Best interests analysis, stability needs, permanency recommendation
Knowing these themes helps families anticipate the discussion. Preparation can help to lower the stress of the situation.

Closing thoughts

A Minnesota CHIPS case generally follows a recognizable path: petition, early hearing, case plan, reviews and permanency. Every case is fact-specific and the exact timeline progression can vary depending on the details of the case. Deadlines, documentation and consistent participation matter. If your family is navigating a CHIPS case, a timely legal consult can clarify strategy, rights and realistic options.]]>