Charges Dismissed --- Still on Background Check. Why?

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

Minnesota Expungements - Clean Your Record (Explained)

If you have been arrested, charged,  or convicted of a crime, then you understand the negative impact a criminal record can have on your life.  In Minnesota, all of this criminal history data, including arrests without a conviction, are public information.  Many employers, landlords, financial institutes and schools perform criminal background checks on all applicants which means your past will continue to haunt you in the future. You may have trouble finding decent employment, finding a place to live, obtaining a loan or even getting into a school. Expungement can put an end to these constant problems.

If you want help, contact a Minnesota Criminal Defense Attorney - today.  If you think you want to go it alone - here are some helpful suggestions:

Learn What is On Your Record

The first thing to do is find out what information exists.  In Minnesota, the Court and the Bureau of Criminal Apprehension (BCA) each maintain a public criminal history database.  Searching these websites is free and easy.  This is a big part of the problem, but it is helpful when trying to find out what information is available to interested parties.

Minnesota’s district court’s database is located here.

BCA’s criminal history database can be found here.

Expungement Rules and Regulations

The rules of expungement are not set in stone because of some inconsistent findings between the Minnesota Supreme Court and the Minnesota Court of Appeals.  However, every expungement case is assessed on an individual basis but, in general, the following factors will determine your ability to have your conviction erased.

Amount of time since the offense.  As a general rule of thumb, wait at least two years to petition to expunge a misdemeanor conviction and longer for a felony.

Rehabilitation measures taken. In general, if you have displayed good public behavior since the arrest, avoiding any additional arrests, participating in counseling, anger management and/or rehabilitation as requested by the judge, then you will have a better chance of having your conviction taken off the record.

Case resolved in your favor.  If you were found not guilty or the case was dismissed by the judge or the prosecutor or you entered into a pre-trial diversion program (without entering a plea of guilt) you will have a much easier time expunging the record.  If the case was not resolved in your favor, the expungement request must be requested under the court’s inherent authority, which is a tougher process.

Drug offenses.  Certain drug offenses may be expunged pursuant to statute which makes the process easier.

Seriousness of the crime. Certain convictions can never be sealed, such as sexual assault and other offenses requiring post conviction registration.

The Rolloff Law Office can help you or someone you love with an expungement of a misdemeanor, gross misdemeanor or felony conviction.  Contact me today at (612) 234-1165 to set up a FREE consultation.  

Minnesota Expungements (Explained)

The laws of the State of Minnesota allows individuals to expunge their criminal records in certain limited circumstances.

There are two types of criminal record expungement: “statutory expungment” and “inherent authority expungement.”  To get the total lowdown on an expungement, you should sit down a have a free consultation with a Minnesota Criminal Defense Attorney. 

Statutory Criminal Record Expungement

Statutory expungement in Minnesota is available (only) in certain limited circumstances, specifically: (a.) when someone has had certain controlled substance offenses dismissed and discharged; (b.) for certain juveniles prosecuted as adults; and (c.) for certain criminal proceedings not resulting in conviction.  For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.

An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Criminal Record Expungement
Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.

An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).

A hearing will take place after the expungement petition is filed with the court.  At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).

After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided).  The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.

The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments.  If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

What To Do Next

The Rolloff Law Office offers a free consultations asa courtesy to potential clients. This evaluation will help determine whether potential clients may be eligible for criminal record expungement, pardon extraordinary, and/or return of arrest records.  The information you provide for the free evaluation is kept strictly confidential and used only for the purposes of the evaluation.  Call today and request an appointment: (612) 619-0262.

Minnesota Expungements & Attorneys (Explained)

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:

1. The seriousness of the offense (the less serious, the better chance of having the petition granted;)
2. Time that has elapsed since the offense (the more time, the better chance of having the petition granted;) and
3. 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.

Why You Should Seek a Minnesota Expungement (Explained)

If you have been charged with a criminal offense in the State of Minnesota, you need to be aware of the serious ramifications that a conviction can have on the rest of your life.

A criminal record can leave a negative mark on your future that will affect your opportunities for housing, work and more. Many companies will refrain from hiring convicts because they do not want to be charged with negligent recruitment and they want to provide a safe working environment to existing employees.

If you have a criminal record, you may also have a tough time finding a job in an organization that requires security clearances (i.e. banks, financial institutions). Being dishonest about your criminal record is never a good idea, as most companies will run a background check for criminal records regardless. If you have been convicted of a felony, you may also be unable to vote, serve on a jury or hold elective office.

A criminal record can also affect your ability to travel to other countries. Most visa applications will ask about any convictions and some countries will deny anyone with prior convictions. Other countries will deny entry only to those convicted of specific crimes, and some countries have no restrictions to criminal records. Regardless of whether you want to travel in the future or if you want the liberty to apply for any job, having your criminal record vacated is beneficial to your future in every way.

Who Are You Going to Call?

Clearing your criminal record can be difficult and extremely complicated without the help of a knowledgeable Minnesota Criminal Defense Attorney. There are certain circumstances that must be present in order to remove a criminal charge from a person's record, and you need the assistance of a legal expert who can guide you through the entire legal process. Contact The Rolloff Law Office today to start the process. Call or Text: (612) 619-0262.

Minnesota Expungements (Explained)

In difficult economic times, having a clean criminal record is more important than ever. Someones criminal history may affect their efforts to find employment, rent an apartment, obtain a bank loan, obtain certain licenses, and/or receive government benefits.

Due to changes in technology, information about an individual's criminal history is easily available. These records are no longer necessarily private - stored in some basement filing cabinet.  Rather, they can often be accessed with just a few clicks of one's mouse over the Internet.

What is Expungement?

Expungement is a legal process that permits qualified individuals to have their criminal records sealed or destroyed.  If you have questions about this process - and what you can do to earn an Expungement - your first, best step should be to call an experienced Minnesota Criminal Defense and Expungement Attorney. 

Statutory Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain, limited circumstances. Essentially there are two types of Minnesota Criminal Expungements: Statutory and Inherent Authority.

Statutory Expungement  

Statutory Expungement is available in very limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  Often, these conditions do not "fit" most individuals circumstances; therefore, there is also the Inherent Authority option.


If you qualify for a Statutory Expungement and want to proceed with the process, you must formally petition the court. If your petition is successful, the court will issue an order sealing the records and prohibiting their disclosure to the public - except in certain limited circumstances. The Expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Expungement

As things currently stand, an "inherent authority of the court" Expungement is probably the least attractive option, but (as set forth above) it is often the only remedy available to most people who pled guilty or were convicted of a criminal offense.

The factors that the court uses to decide this type of Expungement includes, but is not limited to, the severity of the crime, how long ago it occurred, whether you have had any other problems with the law, if you have been rehabilitated, and the reasons for seeking the Expungement. Ultimately the court must weight the individuals need for the relief that an Expungement affords versus society's need to maintain accurate records of criminal convictions.

What Can You Do?

The best way to ensure that you are eligible for an Eexpungement is before you plead guilty to a crime. The cornerstone of my practice is the work I do to resolve cases so that my clients are eligible to clear your record in the future.

If you have been charged with a crime and want to obtain a result that will allow for the possibility of future Expungement, or have a previously resolved case and are interested in an Expungement, you need an experienced legal advocate to fight for your rights. To learn more, contact the Rolloff Law Office, today, at (612) 234-1165.

Minnesota DWIs - Clean Your Record (Explained)

As a Minnesota Criminal Defense Attorney, I'm often asked by individuals charged with Drunk Driving how long a conviction will stay on their record, or if the can come back at some future date and have the charged Expunged.

The bad news is that in the State of Minnesota a DWI will stay on a person's record forever, and it can NEVER be erased.

Why?

A Minnesota DWI is both a Criminal and Traffic Offense. As such, a conviction for a Drunk Driving goes on both a person's Driving and Criminal Records. Beyond that, a DWI is what's called an enhanceable offense - meaning that prior convictions can be used to elevate/increase the penalties (and designation of) future offenses of a same or similar nature.

Under Minnesota Law, as revised a few years ago, a combination of three prior alcohol-related driving offenses within the previous 10 years can result in a Felony for a fourth such offense (in that same time span.)

The rationale, I presume is that if a DWI is  expunged, a person could avoid being charged with subsequent felonies - avoiding the sorts of Free Passes for DWI's that no politician is ever likely to back.

What Should You Do?

The best way to keep a DWI off of your record (short of not being charged with one in the first place) is to have someone on your side - if you're in fact charged - to ensure that it is fought so that your future is preserved. 

I've defended individuals charged with DWIs - and I've earned them outcomes that preserved their otherwise clean records.  Call the Rolloff Law Office today to ensure that you have someone working for you to hold the government accountable - (612) 619-0262.

Minnesota Criminal Background Checks (Explained)

In this technological era files have become very accessible and access to your records is no exception.

Background checks have become more and more common and any criminal record can be very harmful to employment options, bank loans and even apartment rental opportunities.. Fortunately there is something you might be able to do to delete or stop access to your criminal records.

Minnesota Expungement

An Expungement is the  removal of your crime from your criminal record. An experienced Minnesota Criminal Defense Attorney can help you with getting an expungement.

Who Qualifies?

Various people are eligible to get an Expungement. These people may include individuals arrested for an offense but never convicted, someone charged for a crime that was later dismissed, someone acquitted (ie. found not guilty) by a judge or jury.

Benefits

There are many benefits that come along with getting an Expungement - in addition to cleaning your criminal record. Once your records have been expunged you can deny ever being charged with that crime (except under oath in which case you can state only that those records have been expunged). For example, when looking for a job, you can tell employers that you have never been convicted of a crime. Other benefits that you may be eligible for after an Expungement include eligibility for housing assistance, student loans, and state issued licenses.

What To Do Next

Expungement procedures are long and very complicated, but the end result can be of a huge benefit to you if your record is cleaned.  If you have any questions or need legal advice --- call the Rolloff Law Office today at (612) 234-1165 to set up a FREE meeting to learn about your options.  

Minnesota Expungements - Want or Need One?

As an experienced Minnesota Criminal Defense Attorney an all too common question I get (about past mis-deeds) is: How long will a Felony or Misdemeanor offense stay on my record?  After I offer my opinion, that question is often followed with another: What are the chances I can get it removed from my record?

Generally speaking, a Felony charge/conviction stays on an individual's criminal record for the remainder of his or her life. Even though somone's repeat offender status may be “re-set” after a certain number of years, courts, law enforcement and a myriad of other governmental agencies tend to maintain a file listing those previous offenses.

That being said, there is a remedy.  It’s called an “Expungement” and requires a legal action to seek to have one's criminal record sealed.

Now, Expungements don't completely erase one's record, however, having one granted will limit who gets to see it.  In this day and age, where even your landlord, your boss and nearly anyone out in the public can, in theory, get their hands on your criminal record - Expungement is an option for many people.

What Can You Do?

So, I'm supposing - you want to know how to get an Expungement - right? Well, for starters, you need to submit an Expungement request to the court, in the county in which you were charged.  The judge will then consider a number of factors - including: how long it has been since the infraction, whether or not the charges were dismissed, what if anything about said arrest implicates public safety, etc.  Based on those factors (and a couple others,) the judge will render a decision.

If you or someone you love is in need of advice when it comes to seeking an Expungement, contact the Rolloff Law Office today for a FREE consultation.  .

Your record can affect many aspects of your life. Get informed and find out if an Expungement is an option for you.

Minnesota Expungements (Explained)

Minnesota law does allow for certain criminal records to be sealed. The process for doing that is called Expungement. When a record is sealed - it does not show up in a criminal records search performed at the courthouse.

What's a Criminal Record?

In Minnesota a criminal record is essentially all of the files and records (of any crime) that the state has filed against you. Each jurisdiction - be it a city, a county, a law enforcement agency, a prosecutor's office and/or a courthouse keeps its copy of said records. Additionally, the Minnesota Bureau of Criminal Apprehension also has its own cache of criminal convictions. 

Who Can Access Criminal Records?

Generally speaking, the information from your criminal record is public information - meaning that anyone can have access to it, including potential employers. As such, any person can search the district court criminal records at any county courthouse. Another place that the public, including employers, can access criminal records is at the Minnesota Bureau of Criminal Apprehension - where law enforcement agencies throughout the state have reported to them information that then becomes part of a statewide computerized record of criminal cases.

What Kinds of Criminal Records Can Be Expunged?

Some offenses, such as murder, certain sex offenses and Drunk Driving convictions cannot be expunged. However, most other offenses may be - if you or your experienced Minnesota Criminal Defense Attorney can convince the judge that the benefits of an Expungement to you outweigh the disadvantages to the public.

What Happens With Offenses That Did Not Lead To Convictions?

Granted, the most difficult types of records to Expunge are convictions; however, the task is not impossible.  That being said, even if a charge is dismissed and/or an offender has been found "not guilty," he still may have have a criminal record. That being said, these can often be the easiest types of records to Expunge. In addition, offenses to which someone a guilty plea and then successfully completed a diversion program -one's chances at Expungement are more likely.

If I File an Expungement - Will I Automatically Prevail?

As with anything in the law, an Expungement is never guaranteed. First, you need to properly file the paperwork, serving it upon all of the relevant parties, and then you have to argue convincingly to a judge how his granting you this remedy is of such a benefit to you that it outweighs the disadvantage to the public from not being able to have access to your record.  I often will argue that Expungement is proper because someone has either: (a.) been denied work, housing, or a professional license because of his/her record; (b.) that sealing the criminal record will not negatively impact public safety; and/or (iii.) that the individual has rehabilitated him/herself.

If Expungment is Granted - What Happens Next?

Generally speaking, the court has a limited amount of time to grant your request. If the judge does do this, your record will be sealed the public. If the Expunged crime was the only crime on your record, you will not have anything that the public can see. The one limitation is that, as the law stands today, the court can only seal those records under its immediate control; therefore, other records, such as those held by another agency may not be so guarded.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have made a few, isolated mistakes or those who have been mistakenly arrested should have the opportunity to clean their records. If you feel as though what you've read here applies to you, contact an experienced Minnesota Expungement Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your past doesn't continue to hinder your future.