Since Minnesota's Expungement law was changed - effective January 1, 2015, I have answered a lot of questions. Here is one of the most common:
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:
Misdemeanors:
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.
Gross Misdemeanors
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.
Felony
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”)
This is due in large part to the fact that prior convictrions can be used against you to enhance/increase future penalties --- would that you were to face similar charges in the future. The same can be said for Driving Under the Influence offenses.
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.
If the right requirements are met, there are some crimes that many crimes that can be
expunged. Although the law changed in 2015, sealing your record isn't guaranteed. In all reality, an individual must have a
very good reason to have a charge/convictionexpunged, such as the negative
impact the criminal record is having on that person’s life. For
instance, an individual may have difficulty finding a job or finding a
place to live. If you need to know more, you should strongly consider consulting an experienced Minnesota Expungment Attorney.
Crimes That Can Be Expunged
A judge uses the law (and their own discretion) when a person requests to have a conviction
wiped off of their record so they can apply for a specific job or find a
place to live.
Some of the crimes that can be expunged include:
- Assault
- Felony or misdemeanor theft
- Disorderly conduct
- Obstruction of justice
The
expungement process is a complicated one and that’s why you need a
Minneapolis Criminal Defense Attorney to help you. A lawyer knows how to navigate the process when all you want to do is move on
with your life toward a better future.
Why Seek an Expungement?
The
reason why you want to go for expungement is due to the impact a criminal record has on you - now and in the future. Criminal records are
maintained at the city, county, and state levels. They document the type
of crime, when the crime occurred, details of the charges, the court
where the case was heard, and sentencing detail. The records become
public record, so employers, landlords, and anyone who needs to conduct a
background check on you can access them.
When your Dakota County Criminal Defense Attorney is able to have your record expunged, it does
not show up on these background checks. It is not completely erased in
case it does need to be accessed by law enforcement, but there is no
interference with you finding a good job, renting an apartment,
or going to the school of your choice. The short-term and long-term
advantages of expungement make undergoing the process worth it. Even the
legal cost is minimal compared to the earnings you will receive by
being able to work within a career that pays you what you are worth
rather than working in one that pays you pennies because of a criminal
record.
If
you have been convicted of a crime and you know or believe that you
qualify for expungement, The Rolloff Law Office can help you determine your
eligibility and can help you meet that goal if you are. An expungement can
help you start over and move on with your life toward a brighter future.
To find out more about what can be done for you and what your rights
and options are, call (612) 234-1165
