Yes. You are able to request that all records of your file be destroyed if either of the following circumstances occurred following your arrest: all charges were dismissed prior to a determination of probable cause; or the prosecuting authority declined to file any charges and a grand jury did not return an indictment. If one of the above circumstances is...
An arrest warrant can be issued for a number of reasons, including new criminal charges, a probation violation allegation, or for a failure to appear in court. Whatever the reason, the warrant must be dealt with or else you could end up being arrested and taken to jail under very inconvenient circumstances, to say the least. Contact an attorney immediately...
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...
Expungements for Minnesota offenses must go back to the county where the case was prosecuted. Offenses from other states are unable to be expunged in Minnesota. A Minnesota judge does not have jurisdiction over agencies and courts from other states. A Minnesota judge also does not have jurisdiction to expunge a federal case. And currently, there is no federal expungement...
In the past, the waiting period language in the expungement statute has been interpreted two different ways when person has been charged with or convicted of a new crime since the person was discharged from their sentence (probation or parole). The two interpretations are: 1) if the petitioner has been convicted of a subsequent crime, that conviction must have occurred...
Prior to the enactment of the new expungement statute, DWI offenses were nearly impossible to expunge. Those that involved convictions did not qualify for a full expungement under the old pre-2015 statute; the court could not reach into executive branch records held by the Minnesota Department of Public Safety to expunge the DWI conviction or corresponding driver’s license revocation from...
The newly added provisions of Minnesota’s expungement law require waiting periods before a petitioner becomes eligible for full statutory expungement of a criminal record, during which the person may not be charged or convicted of a new crime. The expungement statute states in relevant part: A petition may be filed under section 609A.03 to seal all records relating to an...
A source of confusion in Expungement cases has been how to classify felony drug possession cases resolved with a statutory stay of adjudication pursuant to Minn. Stat. §152.18. If the court considers the case eligible for expungement pursuant to Minn. Stat. § 609A.02, Subd. 1, which explicitly allows for expungement of 152.18 cases, the petitioner is immediately eligible for statutory...
Questions have arisen as to how to classify felony drug possession cases resolved with a statutory stay of adjudication pursuant to Minn. Stat. § 152.18. If the court considers the case eligible for expungement pursuant to Minn. Stat. § 609A.02, Subd. 1, which explicitly allows for expungement of § 152.18 cases, the petitioner is immediately eligible for statutory expungement upon...
The recent Minnesota Court of Appeals ruling in State v. S.A.M. will have a big impact on Minnesotans seeking to expunge felony convictions. Unless the felony is one of those listed in Minn. Stat. § 609A.02, subd. 3(b), the conviction is not eligible for expungement.
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