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Minnesota Expungement Lawyers & Attorneys
Expungement involves striking records or information in court files,
computers and other depositories relating to criminal charges. Expungement in
Minnesota is generally limited to the sealing of the courts records relating to
a criminal conviction and prohibiting the disclosure of their existence except
under court order or some other statutory authority. The
Minnesota expungement statutes outline the process, which takes about three
or four months to conclude. The law is rather complicated in this area, given
some recent decisions from the Minnesota Supreme Court and the Minnesota Court
of Appeals. At present, any record that originates from the Courts may be
expunged, even if they rest in an agency of the executive branch of the
government (such as the BCA). Records created by law enforcement agencies, such
as a police department (again, an executive branch agency) are difficult to
expunge, given the separation of powers doctrine.
Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you want to learn more about expungement.
Basis for Expungement
The court will grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public safety outweigh the disadvantages to the petitioner of not sealing the record. The court basically will look at three criteria:
(1) the seriousness of the offense (more serious means less chance of expungement);
(2) time that has elapsed since the offense (the more time, the more likely the court will expunge); and
(3) the rehabilitative measures taken by the petitioning defendant (such as community service, counseling, stable employment, etc.).
As a general rule, defendants should wait at least two years to attempt to expunge a misdemeanor, with a much longer timeframe for more serious crimes. Some criminal convictions, such as DWI and criminal sexual conduct, can never be expunged.
Petition for Expungement
Eligible adults or juveniles prosecuted as adults in Minnesota must file a
sworn petition for expungement. The petitioner must serve the petition for
expungement and a proposed expungement order on the criminal prosecutors office
that had jurisdiction over the offense for which expungement is sought and all
other state and local government agencies and jurisdictions whose records would
be affected by the proposed order. The petition will outline the basic facts of
the case, the reason expungement is sought and describe the rehabilitative
measures that have been undertaken by the petitioner.
A hearing is to be held no sooner than 60 days after service of the petition.
A victim of the criminal offense for which expungement is sought has a right to
submit an oral or written statement to the court at the time of the hearing,
describing the harm suffered by the victim as a result of the criminal activity
and the victim's recommendation on whether expungement should be granted or
denied. Sometimes the prosecutor or attorney general will offer legal argument,
but in other cases they do not even attend the hearing and defer to the court.
Minneapolis Expungement Attorneys & Lawyers
Is your criminal record interfering with your ability to secure employment or a professional license? We can help. Call our Minnesota expungement attorneys at 763.323.6555 to discuss your situation free of charge.
Client Testimonial: "It was difficult to make a decision on whom to have represent me during my criminal record expungement application process. Many states have laws making navigating through an expungement process a non-difficult event. Minnesota is not one of these states. I searched long and hard for an experienced attorney to handle the complex Minnesota expungement process, I really wanted to make the right decision. I was extremely careful on who I selected to represent me and am happy with my decision to have Jason C. Brown be my legal representative during my expungement process. Jason was encouraging and reassuring from start to finish. His informative and helpful personality is to be commended. I appreciated his ability to communicate and guide me through this difficult and confusing process. He stood up for me and represented me in an impressive manner to the Judge the day of the hearing. His knowledge of the law was apparent that day. I'll never forget the e-mail from Jason announcing that my application for expungement was granted. Thanks to Jason I can go on with my life without a cloud following me around." - Greg E., St. Cloud, Minnesota
Serving Clients Statewide
Our Minnesota expungement lawyers represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.
Contact the Brown Law Offices, P.A. by e-mail or call 763.323.6555 to schedule a free consultation with an experienced Minneapolis, Minnesota, expungement lawyer.
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