It is essential that you work with an experienced criminal lawyer for criminal record expungement. The criminal attorneys at Brandt Criminal Defense provide legal services for clients in Minneapolis, MN, Saint Paul, MN, Anoka, MN, Hopkins, MN, and throughout the State of Minnesota.
Types of Criminal Record Expungement
Minnesota law provides for two types of expungement: statutory authority expungement and inherent authority expungement also known as judicial expungement. Statutory authority expungement refers to cases that may be fully expunged. Cases that are not eligible for statutory authority expungement may be expunged pursuant to a judge’s authority. In general, the expungement only applies to court records. It is best to seek the advice of a criminal record expungement lawyer to determine how the law applies to your case.
Cases Eligible for Full Expungement Pursuant to Statute Authority Include:
- All cases resolved in favor of the defendant, including cases where charges were dismissed, cases that resulted in an acquittal by a judge or jury, and any other case that did not involve a guilty plea.
- Any case involving a diversion where charges were dismissed after successful completion of formal or informal probation.
- All petty misdemeanor offenses if it has been two years or more since the date of conviction.
- All misdemeanor cases if it has been two years or more since the date of discharge from probation or sentence.
- All gross misdemeanor cases if it has been four years or more since the date of discharge from probation or sentence.
- Some felonies (about 50 felonies qualify) if it has been five years or more since the date of discharge from probation, parole, or sentence.
- Juvenile cases prosecuted in adult court.
- Juvenile cases prosecuted in juvenile court.
The expungement process takes at least five months for it to be granted and effective. The first step is a full criminal history background check. As your criminal lawyer, we handle your case from start to finish. We will draft all necessary documents and serve notice of the expungement request to required agencies at least 60 days in advance of the hearing. When an expungement is granted, it takes 60 days to become effective to provide the time for agencies to file any appeals prior to records being sealed.
Our criminal attorneys have been recognized throughout the state for their work in expungement law. We have conducted seminars on expungement law for other attorneys, testified before legislative committees, assisted in writing the new expungement law, and spoken on the radio and television on this topic. If you need help with criminal record expungement in Minneapolis, MN, Saint Paul, MN, Anoka, MN, or Hopkins, MN, please contact our law firm at 763-421-6366.
Call 763-421-6366 for a free consultation today.
Expungement Information & Guides
Information coming on the importance of criminal record expungement in Minnesota.
Expungement: Refers to the sealing of records of a criminal or petty misdemeanor offense. A person granted a record expungement can truthfully deny having committed or been convicted of the offense for which they receive an expungement.
BCA: The Minnesota Bureau of Criminal Apprehension, that keeps criminal offense history data on individuals and is frequently accessed by employers to conduct background checks for employment.
MNCIS: The Minnesota Court Information System, that keeps criminal and petty misdemeanor offense history data on individuals and is frequently accessed by employers to conduct background checks for employment.
Pardon Extraordinary: Refers to a process before the Minnesota Pardon Board, made up of the Governor, State Supreme Court Chief Justice, and Minnesota Attorney General, that reverses a conviction or convictions. A pardon does not seal or remove records of an offense.
What are the reasons I would seek an expungement of my record?
Most people seeking expungement are experiencing difficulties securing employment based on their criminal record. There are several other reasons for seeking an expungement, however.
Some of them include:
- Difficulty securing employment or employment advancement;
- Difficulty obtaining housing;
- Difficulty becoming part of groups, such as volunteering or community organizations, or the ability to work as a volunteer at a school;
- Restoration of gun rights;
- Persons prohibited from being licensed in certain fields, especially those related to working with vulnerable populations, such as health care, child care, or elderly care; and
- Persons experiencing immigration issues.
Who is Criminal Record Expungement Not Appropriate For?
Certain persons are prohibited from obtaining an expungement, and others are not likely to be successful candidates. Persons convicted of an offense for which registration as a predatory offender was required (i.e. murder, kidnapping, rape and many sex offenses) are prohibited from receiving an expungement. And persons currently on probation are not eligible for expungement until after discharge from probation.
If you have questions about whether you are a good candidate for a criminal record expungement, please contact our office for a free consultation.
The criminal record expungement process can be a difficult and tedious process with lots of paperwork. If an expungement petition and filing documents are not done properly, an expungement will likely be denied solely based on a defective petition.
In addition, there are several recent developments in expungement law that make understanding the legal arguments concerning expungement difficult for a non-lawyer. Please contact our office for a free consultation about your criminal record expungement case.