Do I Qualify for an Expungement (under the new law?)
Whether you qualify depends on your particular case. As such, you should speak to an experienced Minnesota Criminal Defense Attorney.
As you may be aware, the new law will allow you to seek expungement of both judicial branch and executive branch records --- in the following case types:
A conviction or stayed sentence for a petty misdemeanor or misdemeanor so long as you have not been convicted of a new crime for at least two years since discharge of the sentence for the crime.
A conviction or stayed sentence for a gross misdemeanor --- so long as you have not been convicted of a new crime for at least four years since discharge of the sentence.
A conviction or stayed sentence for a felony listed in the new law, so long as you have not been convicted of a new crime for at least five years since discharge of the sentence for the crime. Some of the felonies listed as eligible for expungement under the new law are:
- Certain felony theft offenses;
- Receiving stolen goods;
- Dishonored check over $500;
- Criminal damage to property;
- Financial transaction card fraud;
- Computer theft; and
- Certain forgery offenses.
Alas, under only certain of circumstances will the following offenses be allowed to be expunged within the above-described time limits:
- Domestic abuse or sexual assault;
- Violation of an order for protection;
- Violation of a harassment restraining order;
- Stalking; or
- Violation of a domestic abuse no contact order (“DANCO”)
Questons about an Expungement, please fee free to contact the Rolloff Law Office (612) 234-1165 to discuss petitioning the court to seal your records.