Can I expunge my record if I had to register as a predatory offender?
Predatory offender registration occurs when a person has been convicted of a qualifying crime (pursuant to Minn. Stat. § 243.166) and consequently they are required to provide information about their address and other biographical data with law enforcement. Unfortunately, this is one of those rare cases in the law where the answer is clear—no.
A person who was required to register as a predatory offender is not eligible to have the corresponding record(s) expunged.
Qualifying crimes include, but are not limited to, the following:
- 1st Degree Murder when the offender was attempting to commit Criminal Sexual Conduct in the First or Second Degree (with use of force);
- Kidnapping;
- Criminal Sexual Conduct in the 1st, 2nd, 3rd, and 4th Degree;
- Felony Criminal Sexual Conduct in the 5th Degree;
- Criminal Sexual Predatory Conduct; and
- Felony Indecent Exposure.
Additionally, if you have ever been charged with any of the above crimes (or any of the other qualifying crimes under Minn. Stat. § 243.166) and you were convicted of any crime arising out of the same set of circumstances that brought the above listed crimes in the first place, you are also ineligible from expungement.
For example, if you were charged with Felony Indecent Exposure and subsequently only convicted of disorderly conduct, you will be ineligible to receive an expungement because registration was required.
If you are looking to expunge criminal records, consider consulting with an experienced attorney to explore your options and receive more information about the process.