A past criminal mistake can introduce significant obstacles in life. These include the difficulty of finding a new job, receiving approval for a house or securing a loan. Fortunately, Minnesota law offers a path to lift that burden and reclaim your future.
Record expungement under Minnesota law
In Minnesota, you may petition the court for an expungement. If approved, it will seal your criminal record from public view. While this offers a hopeful renewal of your life, it is crucial to understand that expungement does not completely erase your record from existence.
Government agencies, law enforcement and licensing boards can still access sealed files under specific, legal circumstances. Expungement will not wipe the slate entirely blank, but it does hide your record from landlords and employers who run standard background checks.
Eligibility requirements for expungement
Expungement is only available for those who meet these qualifications:
- You did not receive a charge for your arrest.
- The courts have dismissed the charges against you.
- The judge did not find you guilty.
- You completed a diversion program, a stay of adjudication or a continuance for dismissal.
- The required legal waiting period for a misdemeanor conviction has passed.
- Your conviction is part of the certain qualifying felonies.
If you qualify, you may begin the process by filing a formal petition in the county where you were charged. You also must notify all the government agencies involved and state your case to a judge. During your hearing, you bear the burden of proving that the benefits of sealing your record outweigh the public’s right to know about your past.
Filing for an expungement with legal help
Minnesota law offers you the chance at a fresh start, but the state’s complex expungement statutes can be overwhelming. From preparing the paperwork to presenting your case in court, a single mistake can derail your progress. Seeking legal assistance from a criminal defense attorney is wise.
