Criminal EXPUNGEMENT refers to the process of going to court and asking a judge to seal a court record. This does not mean that the court record completely disappears; law enforcement, immigration officers, and other public officials may still be able to see these records in certain cases. However, getting an expungement may be useful if you have been denied a job, housing, a professional license, etc. because of your criminal record.
Your reputation goes with you wherever you go. Records of arrests and convictions are kept and shared with employers, landlords, banks, friends, and family. In many cases, we can change that. Contact us now at 651-364-1508 to learn how we can help you restore your reputation and seal records of prior criminal convictions.
Can my record be expunged and am I eligible for expungement?
Minnesota statute permits your criminal record to be expunged. This works by sealing the records of your arrests and convictions and prevents them from being seen except in very limited circumstances. Expungement is a two-step process and is very analytical. The burden of proof is on the client (former defendant) and the legal standard is very high in order to be awarded an expungement. In some cases, where the state did not file charges or a grand jury did not return an indictment and it has been 10 years since all pending actions were found in favor of the client, law enforcement has no choice and must return finger and thumb prints, photographs, and all other identifying data.
Felony
For certain offenses, where a person was convicted of or received a stayed sentence and has not been convicted of a new crime for the previous 5 years since the discharge of sentence, an individual can petition for expungement.
Gross Misdemeanor
A person who was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime in the previous four (4) years since the discharge date of the sentence is eligible to petition for expungement.
Misdemeanor
A person who was convicted of a petty misdemeanor or misdemeanor or received a stayed sentence and has not been convicted of a new crime in the previous two (2) years since the discharge date of sentence is eligible to petition for expungement.
What should I do?
Contact us at 651-364-1508 to see how we can help with your case.