A former Blue Earth Area football player convicted in the 2017 assault of a teammate is seeking to have his court file sealed and a conviction expunged.
Attorney Michael Kircher made the request for Dalton Lee Nagel, 23, of Mankato during a motion hearing held Dec. 12 before Martin County District Court Judge Michael Trushenski.
In 2018, Nagel agreed to plead guilty to a felony charge of aiding and abetting third-degree assault and fifth-degree criminal sexual misconduct, a gross misdemeanor.
Under the plea agreement, for both convictions were sentenced as misdemeanors.
Kircher says his client has not been charged with or convicted of any crime since being discharged from probation in September 2020. He says there are no pending orders for protection or restraining orders against Nagel.
In a letter to the court last September, Kircher asked that Nagel’s conviction for fifth-degree criminal sexual misconduct be expunged.
“The conviction has interfered in his ability to obtain employment and his seeks the expungement to assist him in pursuing employment,” he says. “(We’re requesting) Expunging the record to exclude any reference to his arrest, prosecution or court appearances for the offense.”
Kircher also wants the court to order law enforcement, Bureau of Criminal Apprehension (BCA), Faribault County Sheriff’s Department and court administration to seal its record and close the record to the public. However, the file could be opened under certain requirements by state law.
Dana Gotz, deputy superintendent for Minnesota Justice Information Services, in a letter to the court says the BCA opposes sealing Nagel’s file documenting a stayed sentence for a felony.
“The petitioner is not eligible for expungement because the petitioner’s offense is not one that is included in the list of eligible offenses under state law,” says Gotz. “Felony convictions later deemed a misdemeanor are not eligible for expungement.”
In addition, Gotz says not enough time has elapsed since the discharge of the sentence for the crime.
The BCA waived its appearance at the hearing and Trushenski has taken the request under advisement.