If you have been charged with and convicted of a crime, whether a misdemeanor or a felony, then you now have a mark on your criminal record. Your criminal record is defined as a list of every previous criminal conviction against you. Many states, however, also include some arrests as part of a person’s official criminal record. Minnesota is one of those states. There are ways to remove certain crimes and arrests from your permanent criminal record. This is done through a process called expungement.
Expungement can be incredibly beneficial, particularly when a criminal record can keep a person from gaining employment, obtaining student loans, interfering with child custody rights, and limiting housing availability. If you’re interested in expunging a felony or other charges from your permanent criminal record, our team at Knutson + Casey may be able to help. Please reach out to us with any questions, and we’ll provide helpful answers, resources, and support.
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All of the crimes that can be expunged in Minnesota are found in Minn. Stat. § 609A.02(3). Crimes eligible for expungement in Minnesota include but are not limited to:
These crimes, if resulting in a criminal conviction, may be eligible for expungement under Minnesota law.
Expungement is a legal process that allows individuals to seal or erase their criminal records, including arrest records, making them inaccessible to the public. In Minnesota, expungement laws provide a second chance for individuals to clear their records and move forward without the burden of a criminal past. This process involves the Bureau of Criminal Apprehension and other law enforcement agencies that maintain these records. This process, also known as expunction or record sealing, is governed by Minnesota Statutes, section 609A.
The expungement process involves filing a petition with the court, which will review the case and determine whether to grant or deny the request. Law enforcement agencies, however, may still access sealed records during job evaluations or criminal investigations. If granted, the court will issue an expungement order, effectively sealing the criminal record. This means that most employers, landlords, and the general public will no longer have access to the expunged criminal records, offering a fresh start for those who qualify.
Expungement and pardon are two distinct legal remedies that serve different purposes. Expungement focuses on sealing the criminal records of individuals who have successfully completed their sentences, thereby removing the record from public access. This can significantly improve opportunities for employment, housing, and other aspects of life.
On the other hand, a pardon is an act of forgiveness for a crime, typically granted by the governor or a pardon board. While a pardon acknowledges the individual’s rehabilitation and forgives the crime, it does not seal or erase the criminal record. Therefore, the criminal record remains accessible to the public even after a pardon is granted.
To be eligible for expungement in Minnesota, a person seeking expungement must meet specific requirements. These include:
Additionally, the court will consider various factors when determining eligibility for expungement. These factors include the severity of the crime, the individual’s rehabilitation efforts, and the impact of expungement on public safety. The court aims to balance the benefits of expungement for the individual with the need to protect the community, ensuring that only those who have demonstrated genuine rehabilitation are granted this relief.
A Minnesota law that went into effect in January 2015 makes it easier for those convicted of misdemeanors, gross misdemeanors, and low-level felonies to have their records expunged. Determining whether your case is eligible for expungement in Minnesota involves meeting specific criteria outlined in the Minnesota Statute, section 609A.02. It is important to point out that there is no guarantee their record will be sealed. Still, the opportunity for expungement exists and has been made easier for Minnesota residents.
Not all felony convictions are eligible for expungement. Crimes that require registration as a predatory offender, such as murder or kidnapping, are not eligible for expungement. The law is designed to provide relief for those who have committed less severe offenses and have shown a commitment to rehabilitation.
It’s important to note that even if a crime is eligible for expungement, the court may still deny the request if it determines that the individual does not meet the eligibility requirements or if the expungement would not be in the best interest of public safety. The court carefully reviews each expungement request to ensure that granting it aligns with the principles of justice and community welfare.
The expungement process in Minnesota involves several key steps. First, you must determine if your case is eligible for expungement. If eligible, you need to file a petition for expungement with the court that initially handled your case. This petition must include specific information, such as your name, date of birth, case number, and filing fee.
Once the petition is submitted, the court will review it and may schedule a hearing to consider your request. During the hearing, you will have the opportunity to present your case, and the court will decide whether to grant or deny the expungement. The entire process can be complex and time-consuming, so it is advisable to seek legal assistance to ensure your petition is properly filed and presented.
The expungement process can take some time to occur. Generally, the following time periods apply to the Minnesota expungement petition process based on the type of criminal conviction:
You also need to be aware of the time frames involved if you were charged with a crime and the case was resolved in your favor. If the case was dismissed by a prosecutor, if the charge was dismissed by the court, or if you were acquitted at trial, there is no waiting period involved for the expungement process.
If you or somebody you care about has any questions about the expungement process in Minnesota, including expunging a juvenile delinquency record, contact the team at Knutson+Casey today. Our Mankato expungement attorneys will provide you with a review of your particular case and determine whether or not you are eligible for expungement.
Feel free to retain our support at your earliest convenience, as this will make it easier for us to provide adequate support. You can contact us to schedule a confidential consultation by calling (507) 344-8888 or by completing our contact form.
Knutson and Casey Expert Legal Team
November 22, 2024
At Knutson+Casey, we take the time to understand each distinctive matter presented to us by a client in need of assistance. We make certain that our clients understand their options and can make informed decisions regarding the progress of their cases. We have 4 bar certified attorneys as well as 5 expert paralegals on staff to review all legal information and cases presented.