The basics of criminal record expungement in Minnesota

June 05, 2013 (Press-News.org) Expungement is the process of having a person's criminal records sealed by the court. Contrary to popular belief, expungement does not typically involve the destruction of records, and in most cases the sealed records may still be accessible in the future for certain limited purposes. However, expungement makes a person's court records generally unavailable for things like housing applications and employment background checks, as well as credit history checks and other types of applications.

Minnesota statutory expungement law

Expungement laws vary from state to state. In Minnesota, there are two types of expungement processes: expungement by statute and expungement at by the inherent authority of the court.

Minnesota law provides that a person may seek expungement of his or her records for cases in which the criminal proceedings resolved in his or her favor, or without conviction. In other words, an individual may be able to petition for expungement if he or she was found not guilty at trial, or if the charges in the case were dismissed. This is typically the most straightforward type of expungement petition in Minnesota.

Expungement of a convicted offense in Minnesota

In certain situations, it is also possible to seek expungement in Minnesota even if a person has been convicted of a crime. Two types of convictions are specifically provided for in Minnesota's expungement statute: certain controlled substances offenses and cases involving juveniles prosecuted as adults.

A person who has been convicted of possession of a controlled substance in Minnesota may ask the court for an expungement if both of the following conditions are met:
- He or she entered a guilty plea and received a stay of adjudication; and
- The individual completed probation successfully and the charges were dismissed

A juvenile who was prosecuted as an adult in Minnesota may also petition the court for expungement under certain circumstances. After being convicted and taken into custody by the commissioner of corrections, the individual may seek expungement if either of the following occurs:
- He or she is finally discharged by the commissioner; or
- He or she is placed on probation and successfully completes the requirements of probation

Expungement by the inherent authority of the courts

In addition to statutory expungement, which is outlined above, Minnesota law also permits courts to grant orders for expungement at their own discretion under certain circumstances. This type of expungement is available in certain cases when an individual has been convicted of a criminal offense and does not meet the eligibility requirements for statutory expungement.

When petitioning for an inherent authority expungement in Minnesota, the person seeking expungement must demonstrate that the benefits he or she will receive if the expungement is granted would outweigh any potential disadvantages to society that could result from sealing the records.

This typically involves demonstrating to the court that the individual has been rehabilitated in the time since the conviction and is unlikely to reoffend. In addition, the person seeking expungement must explain how he or she will benefit from having the records sealed, for instance by having improved employment, educational or housing opportunities.

Seek legal help for Minnesota expungement

The laws governing expungement in Minnesota are highly complex, and it is important to get help from a lawyer to ensure the best possible chances that the expungement will be granted. For more information about the expungement process in Minnesota, contact an experienced criminal defense attorney.

Article provided by Nelson Criminal Defense & Appeals, P.L.L.C.
Visit us at www.julienelsonlaw.com