Monday, June 4, 2012
Minnesota Expungements (Explained)
The laws of the State of Minnesota allows individuals to expunge their criminal records in certain limited circumstances.
There are two types of criminal record expungement: “statutory expungment” and “inherent authority expungement.” To get the total lowdown on an expungement, you should sit down a have a free consultation with a Minnesota Criminal Defense Attorney.
Statutory Criminal Record Expungement
Statutory expungement in Minnesota is available (only) in certain limited circumstances, specifically: (a.) when someone has had certain controlled substance offenses dismissed and discharged; (b.) for certain juveniles prosecuted as adults; and (c.) for certain criminal proceedings not resulting in conviction. For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.
An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances. The expungement order, however, does not destroy the criminal records, and the records are not returned.
Inherent Authority Criminal Record Expungement
Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.
An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).
A hearing will take place after the expungement petition is filed with the court. At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).
After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided). The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.
The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments. If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances. The expungement order, however, does not destroy the criminal records, and the records are not returned.
What To Do Next
The Rolloff Law Office offers a free consultations asa courtesy to potential clients. This evaluation will help determine whether potential clients may be eligible for criminal record expungement, pardon extraordinary, and/or return of arrest records. The information you provide for the free evaluation is kept strictly confidential and used only for the purposes of the evaluation. Call today and request an appointment: (612) 619-0262.