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.
