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.
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.
When a collision occurs and the person responsible leaves the scene of that accident intentionally, the act is referred to as a “hit and run.”
If you are involved in an accident and there is property damage, bodily harm, or the death of another person is caused, it is your responsibility to stop your vehicle while at the accident scene. You must then provide the property owner or other driver your insurance information, contact information, and your driver’s license information. If you do not do this and flee the scene, then you could be charged with a serious traffic offense.
The truth is, this simple charge can have quite a major number of consequences when background checks are performed on you.
What Should You Do?
Depending on the allegations ... you could face anywhere from a misdemeanor to a felony charge. You could also face a fine and/or serious jail/prison time. The concern of law enforcement tends to be the fact that they believe there is another criminal act that led to the accident, such as drinking and driving or fleeing the scene of another incident. This can result in the case receiving a lot more scrutiny.
As an experienced Minnesota Criminal Defense Attorney, I have defend clients accused of the following types of hit and run accidents:
- Pedestrian hit and run
- Vehicle hit and run
- Bicycle hit and run
- Property hit and run
If you or someone you love is accused of colliding with anyone or anything, there can be consequences. The type of accident is what will determine the exact consequences.
Consequences
If you are convicted, you might face probation and fines, as well as possible restitution to the property owner. You could also see action being taken ... to take away your driver's license.
My goal, in every case, as you your Minneapolis Criminal Defense Lawyer is to have as many of those charges dismissed or reduced as possible.
There are some cases in which these charges are dismissed, such as in cases of mistaken identity.
Regardless of innocence or guilt, you can expect your attorney to thoroughly investigate the events and make sure that you receive the best result possible in the case. The better the result, the sooner you can move on with your life.
Whether there is merit to the charges or there is none at all, it is important that you secure the best possible criminal defense so that you can receive the best result in your case. To learn more about how the Rolloff Law Office can help you, call (612) 234-1165 to schedule a free consultation.
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
Let's hope you never need to ask yourself this questions: Do I Need to Hire an Experienced Minnesota Criminal Defense Attorney? If you are pondering as much, maybe you should read this.
Question #1
I have been arrested for a crime, should I go ahead and plead guilty to get it over with?
Answer: Being charged with a crime is serious and should be addressed as such. One suggestions: do not plead guilty in an effort to just "get it over with." This
strategy can lead to more severe consequences - in the short & long terms - than you'd often get. Even
if you ultimately do want to resolve your case by entering a plea --- it is important that a lawyer
is there to tell you if your punishment is fair. Also, depending on the type of crime
you have been accused of, substantial jail time could be a penalty, as
well as huge fines, asset forfeiture, and lifelong consequences.
Pleading guilty without knowing all of this could leave you in
a position that you had never thought possible.
Questions #2
Why should I hire a Minnesota criminal defense lawyer?
Answer.
If you have been accused of a crime, the government has virtually unlimited resources to prosecute you. Whether that is a team of
lawyers, scientists, law enforcement officers, crime scene
technicians --- they will all be out to hold you accountable. When
you hire a skilled Minnesota Criminal Defense Lawyer, you are presented with the
opportunity to fight any/every allegation against you. A skilled attorney can help guide you through what can be a complex and
confusing legal system.
Question #3
When should I hire a lawyer?
Answer.
Time is of the essence. It is important that you hire a lawyer as soon as possible. The moment
you are arrested or caught up in an investigation, you need to
make the call. Whether it is three in the morning (or afternoon,) make sure to call an experienced
attorney as soon as possible.
Question #4
Do you guarantee the outcome of my case?
Answer.
Unfortunately, it is impossible to ensure results. As a matter of
fact, it is against the rules for any attorney to guarantee the outcome. However, as a former prosecutor, I can promise that by hiring the Rolloff Law Office, you will get somoen to fight for you ... who will put in the work necessary to gain you the right result.
Question #5
What does a criminal defense lawyer do for me?
Answer. There are several things that your lawyer can do for you:
- Provide representation while your case is being; investigated --- to maybe prevent criminal charges
- Challenge
the evidence at a Pre-trial;
- Formulate a defense that could result in the charges
being reduced or being completely dismissed; and
- Negotiate with the DA to work out the best possible outcome
When a school bus is stopped on a street or highway and displays an
extended stop-signal arm and flashing red lights, the driver of a
vehicle approaching the bus must stop the vehicle at least 20 feet away
from the bus. Failure to do so may result in a passing a stopped bus
charge. If you have been cited for violation Minnesota Statute 169.444 ... then you should contact an experienced Minnesota Criminal Defense Attorney.
It is also a crime for a person to pass or attempt to
pass a school bus in a motor vehicle on the right-hand passenger side of
the door when the bus is displaying the pre-warning flashing signals.
Passing a Stopped School Bus Consequences
In
the State of Minnesota, someone convicted of failing to stop a vehicle while a
school bus has its stop-arm extended is guilty of a misdemeanor.
However, a person may also be charged with a
gross-misdemeanor if they fail to stop their motor vehicle and commit
one or both of the following:
- Passing or attempting to pass the school bus on the right-hand passenger-door side of the bus; and/or
- Passing
or attempting to pass the school bus in a motor vehicle when a child is
outside of and on the street used by the school bus or on the adjacent
sidewalk.
Driver’s License Sanctions
Depending
on the circumstances surrounding the offense, a passing a stopped
school bus conviction can lead to a driver’s license suspension or
revocation.
Illegally passing a school bus is a serious offense with
severe consequences. Having an experienced attorney is therefore
essential to ensure that your rights are protected throughout the legal
process. Call the Rolloff Law Office to get more information about what you can/should do ... so as not to make things any worse. FREE CONSULTATIONS: (612) 234-1165
The Minnesota Department of Public Safety (DPS) keeps your driving
record --- it contains information about driving and licensing
violations in the State of Minnesota, as well as in other states. They also have the ability to withdrawn your privilege to drive by suspending, revoking or
cancelling it if you are found guilty of following serious or frequent traffic violations. This is a complicated charge ... and may require some assistance from an experienced Minnesota Criminal Defense Attorney.
If
you plead guilty and your license is withdrawn, DPS will send you a notice of withdrawal and a list of
requirements to have your driver’s license reinstated. Here is what to expect:
Driving After Cancellation
Driving
after cancellation (DAC) is one of the most commonly charged crimes in
the state of Minnesota. It refers to a person that has had their
driver’s license or driving privileges cancelled and been given notice
of the cancellation, but disobeys the order by operating any motor
vehicle while the person’s license or privilege is cancelled. It is also
the most serious offense as it often relates to the driver having a
number of driving while impaired violations.
Why your license may be cancelled:
- Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
- Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
- Give false or misleading information on your license application;
- Commit a crime for which cancellation of your license is a legal punishment;
- Do not qualify for a driver’s license under Minnesota law
DAC
can be charged either as a misdemeanor or a gross misdemeanor depending
on the reason for the cancellation in the first place. A misdemeanor
offense is punishable by up to 90 days in jail and/or a $1000 fine.
If
the driving privilege was cancelled as inimical to public (DAC - IPS) safety as a
result of multiple DWI convictions, the subsequent DAC will likely be
charged as a gross misdemeanor.
If the DAC is charged as a gross
misdemeanor you will face up to a year of jail time and a $3,000 fine
per count.
Similarly, if you plead
guilty to or are convicted of driving after cancellation, you
automatically lose your license for at least 30 days. This is true even
if you had your license valid again before entering your guilty plea to
the DAC.
If you need help with a DAC-IPS charge, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165
