Here are answers to frequently asked questions about the Minnesota Department of Public Safety Class Action. Detailed information about the Settlement is contained in the Class Notice and Settlement Agreement.
If you do not find an answer to your question here, please contact us directly.
Please do not contact the Court, the Clerk of the Court, the Judge, or the Defendants with questions about the Settlement or claims process.
The Court authorized the Notice to inform you about a proposed Settlement with the Defendants in this case. You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement. You may be eligible to receive a cash payment as part of the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
Judge Laura Nelson of the Ramsey County District Court, Second Judicial District of Minnesota, is overseeing this class action lawsuit. The case is captioned as S.A. et al. v. Minnesota Department of Public Safety, et al., Court File No. 62-CV- 23-2275 (Ramsey County, MN). (the “Action”).
In a class action lawsuit, one or more people called “Named Plaintiffs” have sued on behalf of themselves and other people who have similar claims. These people and entities together are called a “Class” or “Class Members.” Here, the Named Plaintiffs are S.A. and A.M. (whose full names are confidential and not public). The Minnesota Department of Public Safety (“DPS”), for and on behalf of itself, its Driver and Vehicle Services division (“DVS”), DPS Commissioner Bob Jacobson, and DVS Director Pong Xiong are called the Defendants. In a class action, one court resolves the issues for all Class Members, except for those who choose to exclude themselves.
The lawsuit alleges that the Defendants failed to follow court expungement orders and the state law requiring the agency to seal records consistent with those court orders. The Defendants deny they are or can be held liable for the claims made in the lawsuit. More information about what the Plaintiffs allege is in the Plaintiffs’ Class Action Complaint, which you may view here.
The Court has not decided whether the Plaintiffs or Defendants should win this case. Instead, both sides agreed to this Settlement. That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Class Members will get compensation now rather than years later—if ever. The Named Plaintiffs and Class Counsel, attorneys for the Class Members, agree the Settlement is in the best interests of the Class Members. The Settlement is not an admission of wrongdoing by Defendants.
The Class consists of each individual who has records held by DVS that were ordered to be sealed under Minnesota Statutes Chapter 609A between January 1, 2015, and February 14, 2025, but whose record DVS has not sealed or did not seal in a timely manner.
Eligible Class Members will have been mailed notice of their eligibility to receive a pro rata cash payment from the Settlement Fund by the Settlement Administrator or Special Compensation, and Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Settlement Administrator by calling toll-free at (844)-682-1779.
Under this Settlement, the maximum total amount Defendants may be required to pay is $900,000.00. This Settlement provides eligible Class Members who submit a Claim Form with a cash payment of up to $15,000 from the $900,000 Settlement Fund after the payment of (i) administrative costs, including costs of issuance of notice to the Class, Settlement Administrator fees and expenses, (ii) fees and taxes related to the Settlement Fund, and (iii) any Court-awarded attorneys’ fees, and reimbursed litigation expenses. Eligible Class Members who do not submit a Claim Form may, if there are funds available after the payments to Class Members who submitted a timely and valid Claim Form, receive a pro-rata payment from the Settlement Fund. The Settlement will reserve at least $100,000 in funds for any individuals who were not eligible for Special Compensation.
The Settlement Administrator will post additional information about the payment amount on this website.
In addition to the monetary and other consideration provided for in this Agreement, Defendants consent to entry of an injunction directing DVS to take all steps necessary to ensure that expungement orders entered under Minnesota Statutes Chapter 609A are timely implemented upon receipt from the judicial branch. For complete details, please see the Settlement Agreement, the terms of which control, available here.
The Settlement allows for Special Compensation for any individual who experienced specific financial harm as a result of Defendants’ failure to expunge entries from their driving record. For example, you may be able to request Special Compensation if you lost a specific job opportunity because of a violation on a driving record that DVS had previously been ordered to expunge. To be eligible, you must submit documentation and an affidavit attesting to the amount and circumstances of the financial harm you experienced.
If you did not experience specific financial loss that you can establish through an affidavit and documentation, you are not eligible for Special Compensation.
You can file a Claim for Special Compensation in any of three ways:
The deadline to submit a Claim Form is 11:59 p.m. CT on OCTOBER 27, 2025. Claim Forms submitted by mail must be postmarked no later than OCTOBER 27, 2025.
No matter which method you choose to file your Claim, please read the Claim Form carefully and provide all the information required.
The hearing to consider the fairness of the Settlement is scheduled for November 4, 2025, at 1:30 p.m. If the Court approves the Settlement, eligible Settlement Class Members whose Claims for Special Compensation were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed. The remaining funds will be distributed on a pro rata basis to all other Class Members. Please be patient. All checks will expire and become void 180 days after they are issued.
Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. Class Counsel in this case are David W. Asp and Derek Waller at Lockridge Grindal Nauen P.L.L.P.
Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working for you. However, you can choose to hire your own lawyer at your own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.
Class Counsel will ask the Court for attorneys’ fees, costs, and expenses that will be paid from the Settlement Fund. Class Counsel will seek up to $400,000 of the Settlement Fund in attorneys’ fees, costs, and expenses incurred to date in the Action. Attorneys’ fees, expenses, and other costs awarded by the Court shall be payable from the Settlement Fund in accordance with the Court’s Final Approval Order.
If you do not exclude yourself from the Settlement, you will not be able to sue the Defendants about the issues in this case, and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. You can read the Settlement Agreement here. However, you may exclude yourself from the Settlement (see Question 14). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims.
“Released Claims” mean all claims against the Released Parties that have or could have been asserted in the Action, including all claims under Minnesota Statutes sections 13.08 and 609A.04 and all other claims relating to the Released Parties’ alleged failure to seal criminal convictions expunged pursuant to Minnesota Statutes Chapter 609A.
The Settlement Agreement describes the Release, Released Claims, and Released Parties in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public court records on file in this lawsuit.
The Released Claims do not include any claims arising from or relating to any conduct by Defendants after the date the Agreement is executed. The Released Claims shall also not include the right of Plaintiff, any Class Member, or any Releasing Party to enforce the terms of the Settlement Agreement.
If you do nothing, you will still receive a payment under the Settlement. Eligible Class Members who do not submit a Claim Form for Special Compensation will receive a pro rata payment from the remaining funds available in the Settlement Fund. At least $100,000 will be reserved in the Settlement Fund for anyone who is not eligible for Special Compensation, so all Class Members will receive a payment.
You will be in the Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of Section 11 above. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendants for the claims or legal issues resolved in this Settlement.
If you exclude yourself from the Settlement (“opt out”), you will not have any rights as a member of the Settlement Class under the Settlement terms; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in this lawsuit at your own expense.
To exclude yourself, you must mail a written “Request to Opt Out” to the Settlement Administrator so that it is postmarked no later than September 26, 2025. Your written request must:
Your Request to Opt Out must be mailed to:
S.A. v. Minnesota Department of Public Safety
c/o Analytics Consulting LLC
P.O. Box 2003
Chanhassen, MN 55317-2003
You cannot exclude yourself by phone or email.
A “Request to Opt Out” that does not include all of the foregoing information, that does not contain a valid electronic or handwritten signature, that is sent to an address other than the one designated in the notice to Settlement Class Members, or that is not sent within the time specified in the notice, shall be invalid. The Person serving such an invalid request shall remain a Settlement Class Member and shall be bound by this Settlement Agreement, if approved.
Each individual who wants to be excluded from the Settlement must submit his or her own exclusion request.
No. Unless you exclude yourself, you give up any right to sue Defendants for the claims being resolved by this Settlement, even if you do nothing.
No. If you exclude yourself, you will not receive any payment.
If you did not exclude yourself from the Settlement Class and think that the Court should not approve the Settlement, you can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to give final approval to the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, you must mail your objection to Class Counsel, at the mailing addresses listed below, postmarked by no later than the Objection Deadline, September 26, 2025:
Class Counsel:
David W. Asp
Derek C. Waller
Lockridge Grindal Nauen P.L.L.P.
100 S Washington Ave # 2200
Minneapolis, MN 55401
Your objection must be written and must be signed by the Class Member and state the specific grounds for the Objection. As soon as practicable, Class Counsel shall cause all written objections to be provided to Defense Counsel and filed with the Court.
Any Class Member who has filed a valid and timely Objection may appear, in person or through counsel, at that person’s own expense, at the Fairness Hearing to present any evidence or argument that the Court deems proper and relevant.
Any person that fails to object in the manner prescribed herein shall be deemed to have waived his, her, or its objections and will forever be barred from making any such objections in the Litigation, unless otherwise excused for good cause shown, as determined by the Court.
Objecting means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.
The Court will hold the Fairness Hearing on November 4, 2025, at 1:30 p.m. by Zoom in Ramsey County District Court, 15 W Kellogg Blvd, St. Paul, MN 55102. The purpose of the Fairness Hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses. At the Fairness Hearing, Plaintiffs will request the Court to enter an order consistent with the Settlement Agreement, including dismissing with prejudice all claims against Defendants, granting Class Counsel’s request for payment of attorneys’ fees, and litigation expenses, and retaining jurisdiction for the implementation and enforcement of the Settlement Agreement
Note: The date and time of the Fairness Hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.
No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was filed or mailed on time and meets the other criteria described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you do not have to.
Yes. If you do not exclude yourself from the Class, you may ask the Court for permission to speak at the Fairness Hearing concerning any part of the proposed Settlement.
This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available here.
YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR BY CALLING TOLL-FREE (844) 682-1779, OR BY WRITING TO:
S.A. v. Minnesota Department of Public Safety
c/o Analytics Consulting LLC
P.O. Box 2003
Chanhassen, MN 55317-2003