Frequently Asked Questions
Expungements

1. What is expungement in Minnesota?

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Expungement in Minnesota refers to the legal process of sealing or erasing a criminal record so that it is no longer accessible to the public. While an expungement doesn’t mean the record is completely destroyed, it restricts access to certain information, making it unavailable for public view. After a successful expungement, you can legally state that you do not have a criminal record for most purposes, such as applying for jobs or housing.

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In Minnesota, expungement may apply to misdemeanor or felony convictions, certain arrests, or cases where charges were dismissed or you were acquitted.

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2. Am I eligible for expungement in Minnesota?

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Not everyone is automatically eligible for expungement in Minnesota. To be eligible, several factors are considered, including:

• Type of Offense: Minnesota law permits expungement for misdemeanors, gross misdemeanors, and in some cases, felonies. However, some serious offenses (such as violent crimes, sex offenses, or crimes involving children) are typically not eligible for expungement.

• Time Passed: You must wait a certain period after completing your sentence (including probation). For example, for a misdemeanor conviction, you generally need to wait two years after the completion of your sentence. For a felony, the waiting period is usually five years.

• Successful Completion of Sentence: You must have successfully completed any court-ordered sentences, including probation, community service, fines, and restitution. 

• No New Criminal Convictions: If you have been convicted of another offense after the one you wish to expunge, your eligibility may be affected.
   

A criminal defense attorney can assess your specific case to determine if you qualify and guide you through the expungement process.

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3. How do I apply for expungement in Minnesota?

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To apply for expungement in Minnesota, you must file a Petition for Expungement with the court. The process generally involves the following steps:

1. Prepare Your Petition: Complete the appropriate forms and provide supporting documents, such as proof of completing your sentence, a copy of your criminal record, and any other relevant information.

2. File the Petition: Submit your petition to the court in the county where you were convicted. You will also need to pay any required filing fees.

3. Serve the Petition: You must serve a copy of the petition to the prosecutor's office and other agencies involved in the case or that may have records related to the case.

4. Court Hearing: A hearing will be scheduled where a judge will review your petition. The prosecutor or other agencies may object to the expungement, but you’ll have the opportunity to present your case.

5. Judge’s Decision: If the judge finds that you meet the eligibility criteria and that expungement is in the interest of justice, they will issue an order to expunge or seal your record.
    

An experienced attorney can help you prepare your petition, represent you at the hearing, and increase your chances of success.

4. How long does it take to get an expungement in Minnesota?

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The expungement process in Minnesota typically takes several months to complete, but the timeline can vary depending on the specifics of your case. On average, the process may take anywhere from 3 to 6 months. The length of time is influenced by several factors:

• Court Scheduling: The availability of the court to schedule hearings can affect the timeline.

• Objections: If the prosecutor or other parties involved object to your expungement request, it may take longer to resolve.

• Complexity of the Case: Cases involving multiple convictions or complex legal issues may take longer to process.
   

It’s important to be patient and proactive throughout the process. Working with an experienced attorney can help ensure your petition is submitted correctly and help you navigate any delays.

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5. Will an expungement remove my criminal record completely?

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An expungement in Minnesota does not remove your criminal record entirely. Instead, it seals it from public view. This means that:

• Public Access: Your record will not be accessible to the public, including employers, landlords, or anyone conducting background checks, unless they have a legal right to access it (e.g., law enforcement or certain licensing authorities).

• Court and Law Enforcement: Although the public cannot access your sealed record, law enforcement, courts, and certain government agencies can still access it for specific purposes, such as ongoing investigations or future criminal prosecutions.
   

Essentially, an expungement makes your record invisible to most entities but does not erase it completely.

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6. What if my expungement is denied?

If your expungement petition is denied, you have a few options:

1. Appeal: You may be able to file an appeal if the judge denied your petition. This process involves asking a higher court to review the decision and determine if the judge made an error.

2. Reapply: If your petition is denied, you may be able to reapply after a period of time, especially if your circumstances change (e.g., you have additional time, or new evidence becomes available that supports your case).

3. Consult an Attorney: If your expungement is denied, it’s important to consult with an attorney who can help you understand the reasons for the denial and discuss possible steps moving forward.
    

Having an experienced lawyer can improve your chances of success and help you navigate the expungement process, especially if your petition is initially denied.

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Disclaimer:

The information provided on this website is for general informational purposes only and is not intended as legal advice. Viewing or reading the content on this site does not create an attorney-client relationship. If you need legal advice or representation, please contact an attorney directly.