We all know how the story goes --- you were charged with a crime. But then - your Minnesota Criminal Defense Attorney got the case dismissed or helped you to earn a Not Guilty verdict at trial. However, the arrest/charges are still showing up on a background check. Right?
What Should You Do?
Many Minnesotans are surprised to learn that potential employers can still see that they were charged with a crime --- even though they were never convicted. Heck, you may have searched your name on the court’s public records site and found nothing. While this is a good place to start - that should not be the end of your efforts. See, even if you were acquitted, or if your case was dismissed as a result of a Continuance for Dismissal or Stay of Adjudication, your case should not be visible via a simple name search. However, if someone knows the name of your attorney or the court file number, they may be able to find your entire Register of Actions. This is where many people might consider looking into a Expungement --- and educating themselves about the way to do that.
The reason you may need to go this extra step - save for what I've already explained - is the fact that potential employers aren’t often satisfied with such a limited background check. Instead, they request a complete criminal record check through the Minnesota Bureau of Criminal Apprehension. If the BCA has records of your arrest/charge, they will report it to anyone you authorize to receive this information. Although your criminal record will indicate that the case was dismissed, a potential employer might still take pause at the sight of a charge.
For example, let’s say you were accused of taking something - from a store - when you were young. A typical outcome for such cases --- a client is able ot keep it of their record by way of a Stay of Adjudication. That means you the accused did pled guilty to the offense, but the judge did not accept the plea. And, the case was dismissed after one year of law-abiding behavior. Alas, that same person then fills out an application for a new job, and the employer runs a full background check. Because your case was dismissed, you are confident that there will be no issues. However, the potential employer sees that you were even charged ... and worries that you may be more trouble than you’re worth. After all, they don’t know you. They just want to protect themselves from anyone who may hurt their ability to run a successful business. Will they take a chance on you still? Maybe. But why leave it to chance?
Expungement
Minnesota’s expungement laws afford most individuals the right to ask the court to completely seal their record and ensure that no one finds out about passed wrong doing. If you had a case that was dismissed, the State generally bears the burden of proving that the government’s interest in maintaining your record outweighs any benefit you’d receive in having your record sealed. Because there is often little or no public interest in maintaining the record of a dismissed charge, they are seldom able to meet this burden.
If you were charged with a crime and your case was dismissed, it just makes sense to look into Expungement. The Rolloff Law Office has helped 100s of people seal their criminal records. Contact us today to learn more: (612) 234-1165
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
According to the new law, some of the
felony violations could include a controlled substance in the fifth
degree, sale of a simulated controlled substance, unlawful acts
involving liquor, contempt, failure to appear in court and receiving
stolen goods.
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.
Juvenile Records?
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.
Domestic Assault?
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
On
May 14, 2014, Governor Dayton signed into law important
changes to laws governing the sealing and/or expungement of criminal records in the State of Minnesota
Prior
to the new law, in most cases, the Court was not allowed to
expunge executive branch records. The new law fixes this problem and
allows Courts to order executive branch agencies to seal their records.
Executive branch agencies include:
- The Bureau of Criminal Apprehension (“BCA”);
- The Minnesota Department of Human Services (“DHS”);
- The Minnesota Department of Health (“MDH”);
- Police departments;
- City and county attorneys’ offices;
- The Attorney General’s Office;
- The Board of Teaching; and
- County Sheriff’s offices.
Is this the chance you have been waiting for - to put you past in the past? If so, contact an experienced Minnesota Criminal Defense Attorney to begin the process of expunging your record.
The Benefits of an Expungement
The
new law provides meaningful relief to individuals because the Court is
able to seal both judicial and executive branch records. This means individuals now have a chance to seal all records held by any agency.
As some of you might already be well-aware --- employers
and landlords frequently investigate an applicant’s criminal background
as part of the hiring/leasing process. And ... sadly ... individuals with criminal
histories may be rejected from employment or housing because of the
existence of these records, even if a charge was dismissed or the
individual is rehabilitated.
When a Court orders that criminal records
are to be sealed/expunged, it means that all of the records are sealed from public access.
If a
Court Orders expungement of records held by the judicial branch, it
means that the individual’s criminal record cannot be viewed or accessed
through the state court website or at the Courthouse. If a Court
Orders expungement of records held by the executive branch, it means
that the individual’s criminal record generally cannot be viewed or
accessed at any of the above-listed agencies, so long as the expungement
Order is directed to that particular agency.
Gain this result and an individual with a
criminal background will likely face fewer obstacles toobtaining
employment and/or housing if both executive branch and judicial branch
records are expunged.
Contact The Rolloff Law Office at (612) 234-1165 to discuss petitioning for the expungement/sealing of your court record.
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
I probably don't need to say that --- having a criminal record can severely limit anyone’s ability to get a job or housing or (even) a loan from the bank. Fortunately, there is a way to “erase” your criminal history. This is called “expunging” or “sealing” your criminal records. The easiest way to earn this relief is called a statutory expungement. This seals your judicial (court) records and your executive (BCA, police, etc) records. If you have questions, you should contact a Minnesota Criminal Defense Attorney.
It's Easy!
In order to qualify for a statutory expungement, one of three things must have happened. The most common is that the case was resolved in your favor. This means that your case ended with a dismissal by the prosecutor or court, a continuance for dismissal (or a continuance without plea), a diversion program, a not guilty verdict, or some similar resolution. In this situation, you are entitled to an expungement and there has to be a very, very good reason not to expunge your records.
Second, certain cases where a juvenile was prosecuted as an adult may qualify. And third, certain drug cases qualify when the case was resolved with a stay of adjudication pursuant to Minn. Stat. § 152.18, subdiv. 1. Unlike cases resolved in your favor, in these situations, you have to make some showing to the court that the benefit to you in sealing your records is equal to or greater than the disadvantages to the public and the agencies in sealing your records.
To go about sealing your records under this statutory authority, it is wise to have a Minnesota Criminal Defense Attorney assist you. Navigating the legal terminology can be difficult and overwhelming. You must submit an affidavit, a notice of motion and motion to seal, and a proposed order to seal. In addition, you have to serve every agency that will be affected by the expungement.
The hearing, which occurs at least 60 days after filing the documents, can be handled by your attorney. Your attorney will give you a waiver of appearance so you need not attend. At the hearing, the judge will review the reason for the expungement, determine if there have been any objections, and issue an order. Once the order is issued, there are 60 more days for the agencies to appeal the order. After that, your records are completely sealed!
If you want more information about sealing your record, call the Rolloff Law Office today: (612) 234-1165.
If you have a past criminal record that is haunting you, possibly making it difficult to find a job, somewhere to live or obtain a loan, you may be eligible to have your record expunged (sealed or cleared). There is a rather involved process that has to be followed, making sure all the “i”s are dotted and “t”s are crossed.
So You know, the procedure is set up so that you can do it yourself; however, many people choose to employ a Minnesota Criminal Defense Attorney to assist them.
What Can an Attorney Do for You?
Even before you spend one-penny, I will evaluate your record to determine whether you are eligible to file a petition for Expungement. Once we determine a petition might be in order - I'll draft it and appear with you in court to argue that the judge grant it.
Specifically, I'll help you to craft an argument around three (3) specific criteria:
- The seriousness of the offense (the less serious, the better chance of having the petition granted;)
- Time that has elapsed since the offense (the more time, the better chance of having the petition granted;) and
- The rehabilitative measures you have taken (such as community service, counseling, stable employment, etc.) since the incident.
Call Today
If you have any questions about your record and the possibility of having it expunged, just contact The Rolloff Law Office at (612) 234-1165. We will provide a FREE CONSULTATION. I will meet with you at a time and place most convenient to YOU to discuss your situation.
