Minnesota Expungement Information

If you have a criminal record in Minnesota, you may be eligible to have your offense expunged. As per Minnesota Statute 609a.03(5), you can legally deny the existence of your criminal record once expungement is granted. There are many ways to expunge your criminal record in Minnesota. The first step to expunging your criminal record is understanding the particular details of your case, from the name of your arresting agency to the type of disposition and final sentencing. For instance, if the outcome of your case was “in your favor,” meaning that you were found not guilty in a criminal case, there will still be records of your case in public view. If your disposition was in your favor, then you may be eligible to expunge the record of your arrest from your criminal record. If you were convicted and received a disposition that was not in your favor by pleading guilty or by being found guilty, then you may still be eligible to expunge the offense from your criminal record. The outcome will result as not in your favor if at any point you received a conviction. Your sentencing is still viewed as a conviction even if you pled guilty and received a “Stay of Imposition” or “Stay of Adjudication” and the charge was eventually dropped. What Offenses are Eligible for Expungement? An expungement is not a guaranteed service that is rendered for all former offenders. There are certain restrictions that apply depending on the nature of the offense. Offences that are not eligible for expungement in Minnesota include serious crimes such as: Murder Aggravated assault Sex offender crimes Driving while intoxicated Expungement Time Requirements There are also certain restrictions that may apply to the individual regarding certain court requirements. The waiting period for an expungement – if you were convicted – begins upon completion of your sentence. The years for the waiting period are as follows: Misdemeanor: 2 year waiting period Petty theft misdemeanors: 2 year waiting period Gross misdemeanors: 4 year waiting period Felonies: 5 year waiting period What You Need to Know About the Expungement Process The expungement process is time consuming taking over 4 months to complete from the time that the petition is filed with the court. Expungement cases are heard on a first-come, first-serve basis and are listed on the court docket from the moment the court receives the petition. There are...
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