When a someone has been convicted of a criminal offense attempts to put their past behind him/her ... to move forward with their life ... often they are reminded of their poor decisions because of a criminal record.
A past conviction could have the effect of harming one;s ability to secure employment or pursue educational opportunities. Some states, including Minnesota, allow some offenders to have their records expunged. Do you want to put your past --- in the past --- then contact an experienced Minnesota Criminal Defense Attorney and see if you qualify for an expungement.
What's an Expungement?
Expungement is the process of going to court to ask a judge to seal a court record. When a record it sealed ... it cannot be made known to the public and it generally stays off of any background checks.
What Kinds of Cases Can Be Expunged?
What Types of Cases that Could Be Expunged?
The laws in Minnesota changed at the beginning of 2015, allowing a judge to seal more criminal records and convictions. This law also allows the court to order other governmental agencies to seal their records. However, not all cases can be expunged.
According to Minnesota Statute 609A.02, a person could seek record expungement if:
- All pending actions or proceedings were resolved in favor of the petitioner;
- The petitioner has successfully completed the terms of a diversion program and has not been charged with a new crime for at least one year since completion of the diversion program;
- The petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years;
- The petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years; and/or
- The petitioner was convicted of or received a stayed sentence for a certain felony violation and has not been convicted of a new crime for at least five years
If a person has been charged with a certain controlled substance offense and the proceedings have been dismissed, he or she could petition to have all records relating to the arrest, indictment, trial and dismissal sealed.
If a juvenile has been prosecuted as an adult in Minnesota, he or she could petition to have the criminal record sealed if he or she is finally discharged by the commissioner of corrections or if he or she has been placed on probation by the court and discharged from probation after completed the requirements.
Under state law, a person charged with a domestic violence offense, such as felony assault by strangulation, would not be allowed to have the record sealed. Additionally, crimes that require registration also would not be able to be expunged. This includes murder, kidnapping and criminal sexual conduct, according to Minnesota Statute 243.166.
J.M. Rolloff is a skilled Hennepin County Expungement Attorney who can help you determine if your criminal record is eligible to be sealed. The process of sealing a criminal record can be complex and often quite lengthy. Having a former prosecutor who is experienced on both sides of the law can be beneficial to your expungement. Call The Rolloff Law Office - today - to set up a FREE CONSULTATION: (612) 234-1165