Trusted criminal defense attorneys with over 16 years of experience.
A criminal record doesn’t expire on its own in Minnesota. Long after your case is resolved, it continues showing up on background checks, creating obstacles every time you apply for a job, try to rent an apartment, or pursue a professional license. Expungement offers a way to seal that record from public view so you can move forward without your past defining your future. Our Minneapolis, MN expungement lawyer at Archambault Criminal Defense can evaluate your eligibility, handle the petition process, and advocate for you at the hearing. We offer free consultations and flat fee pricing on every case.
Expungement Lawyer Minneapolis, MN
Expungement in Minnesota is a court process that seals criminal records from public access. It doesn’t erase the record entirely, but it removes it from background checks that employers, landlords, and licensing boards rely on when making decisions about your application. For many people, that distinction is the difference between being stuck and being able to move on.
The expungement process itself involves specific eligibility requirements, waiting periods, and a hearing where a judge weighs the benefits of sealing your record against the public’s interest in keeping it accessible.
Types of Expungement Cases We Handle in Minneapolis
Expungement eligibility depends on the type of offense, how the case was resolved, and how much time has passed. Here are the types of expungement matters we handle for clients in Minneapolis.
- Expungement after dismissal or acquittal. If your case was dismissed or you were found not guilty, you have the strongest basis for expungement. The record of the arrest and the charges still exists, though, and it can still appear on background checks unless you petition to have it sealed. We help clients clear dismissed and acquitted cases so that an arrest that led nowhere doesn’t continue to cause problems.
- Expungement after a stay of adjudication. In many criminal cases, the court will stay adjudication, which means you’re placed on probation without a formal conviction being entered. Once you successfully complete probation, you may be eligible to petition for expungement, and in some situations the court is required to grant it.
- Expungement after completion of a diversion program. If your case was resolved through a pretrial diversion program and you completed all the requirements, you may be eligible to have the record sealed. Diversion is meant to give people a second chance, and expungement is often the final step in making that second chance meaningful.
- Misdemeanor expungement. Certain misdemeanor convictions are eligible for expungement after a waiting period has passed, provided you haven’t picked up new charges in the interim. The waiting period and eligibility criteria vary depending on the offense, and we help clients determine whether they qualify and guide them through the process.
- Gross misdemeanor expungement. Gross misdemeanor convictions can also be expunged in many cases, though the waiting periods tend to be longer and the requirements more demanding. The judge has to weigh your rehabilitation and conduct since the conviction against the public interest in maintaining the record, and presenting a compelling case at the hearing matters.
- Felony expungement. Not all felony convictions are eligible for expungement, but many are under Minnesota’s expanded statutes. The waiting periods are the longest at this level, and the bar for convincing a judge to seal the record is higher. Having an attorney who can present your case persuasively at the hearing makes a real difference in whether the petition is granted.
- Juvenile record expungement. Juvenile records can also be sealed through the expungement process, and many people don’t realize that their juvenile record is still accessible. We help clients petition to seal juvenile records so that mistakes made at a young age don’t continue to create barriers in adulthood.
Why Choose Archambault Criminal Defense for Expungement in Minneapolis, MN?
An Attorney Who Understands the Full Picture
Derek Archambault has practiced criminal law for 16 years and has handled cases across every stage of the criminal justice process, from initial charges through post-conviction relief. He earned his J.D. from the University of St. Thomas School of Law in 2009 with recognition as the top student in advanced trial advocacy, and he is admitted to practice before the Minnesota Supreme Court and the U.S. Federal Court for the District of Minnesota. He has been recognized as a top 100 criminal defense lawyer by the National Trial Lawyers.
Derek’s background as a former prosecutor gives him a particular advantage in expungement cases because he understands how the state evaluates these petitions. Prosecutors can object to an expungement request, and the judge considers their position when making a decision. Knowing how prosecutors think about these cases, what arguments they’re likely to raise, and how to address those objections effectively is a direct product of having spent years on their side of the courtroom. He founded Archambault Criminal Defense to help people move past their criminal records, and expungement is one of the most rewarding areas of that work.
If you need a criminal defense lawyer in Minneapolis to handle an expungement petition, Derek brings firsthand knowledge of both sides of the process.
A Track Record of Quick, Effective Results
Speed matters in expungement cases because every day your record remains unsealed is another day it can cost you an opportunity. One example from our case results involves a client who was struggling to find employment because of an old criminal record, and we secured a court order expunging the record within nine days of the client first contacting us. Not every case moves that fast, but it reflects the urgency we bring to these matters and our familiarity with the process.
Understanding Expungement Cases
How Expungement Works in Minnesota
Minnesota’s expungement process involves filing a petition with the court asking a judge to seal your criminal records. The petition must identify which records you’re asking to seal, explain why expungement is warranted, and demonstrate that you meet the eligibility requirements for your specific type of case. Once the petition is filed, a hearing is scheduled where the judge hears arguments from both you and the prosecution.
At the hearing, the judge applies a balancing test, weighing the benefit to you of having the record sealed against the public’s interest in keeping it accessible. Factors the court considers include the severity of the original offense, how much time has passed, your conduct since the case was resolved, and whether you’ve demonstrated rehabilitation. Having a well-prepared petition and a persuasive presentation at the hearing can make the difference between a granted and a denied petition.
Important Aspects in Your Expungement Case
Timing is one of the most important factors. Minnesota requires a waiting period after the resolution of your case before you can petition for expungement, and the length of that waiting period depends on the type and severity of the offense. Petitioning too early results in a denial, so understanding exactly when you become eligible is a critical first step.
The scope of the expungement matters as well. A successful petition can seal records held by the courts, law enforcement, the Bureau of Criminal Apprehension, and other agencies. But the process requires identifying each agency that holds records related to your case and including them in the petition. Missing an agency means that a piece of your record remains accessible even after the court grants the expungement.
The impact of a criminal record on employment is often the primary reason people seek expungement, but it’s not the only one. Housing applications, professional licensing, educational opportunities, and personal relationships are all affected by an accessible criminal record, and sealing that record can open doors that have been closed for years.
Expungement Case Timeline
Expungement cases in Minneapolis are filed in Hennepin County District Court. The process is more straightforward than a contested criminal case, but it still involves several steps.
- An initial consultation where we evaluate your eligibility and identify which records need to be sealed
- Preparation and filing of the expungement petition, including service on all relevant agencies
- A waiting period of at least 60 days after filing before the hearing can be held, during which time the prosecution and other agencies can file objections
- A hearing before a judge where we present your case for expungement
- If granted, the court issues an order directing all identified agencies to seal their records
The timeline from filing to hearing is typically a few months, though straightforward cases can sometimes move faster.
What to Bring to Your Expungement Consultation
Having the right information ready at your first meeting helps us assess your eligibility quickly and give you a realistic timeline.
- Your criminal history or a copy of your Bureau of Criminal Apprehension record
- Details about the case or cases you want expunged, including approximate dates and how each case was resolved
- Documentation of your rehabilitation, such as employment history, education, community involvement, or letters of support
- A description of how your criminal record is currently affecting your life
The consultation is free, confidential, and carries no obligation.
Minnesota Legal Resources for Expungement
Minnesota’s expungement laws are found in Chapter 609A of the state statutes. These resources provide general information about eligibility and the process, though working with an attorney on your specific situation is always the more effective approach.
- The Minnesota Revisor of Statutes publishes the full text of Chapter 609A, covering expungement eligibility, procedures, and standards.
- The Minnesota Sentencing Guidelines Commission publishes sentencing data that can be relevant to understanding the context of an expungement petition.
- The Minnesota Office of Justice Programs provides criminal justice resources and general information about navigating the system.
- The Hennepin County District Court website has court locations and filing information for expungement petitions in Minneapolis.
- The Minnesota House Research Department published an overview of Minnesota’s criminal justice framework, including information relevant to post-conviction relief.
Reach Out to Archambault Criminal Defense to Schedule a Consultation
If your criminal record is holding you back from the life you want to build, expungement may be the path forward. The process has eligibility requirements and deadlines that matter, and having an attorney handle the petition and represent you at the hearing gives you the best chance at a successful outcome. We offer free consultations and flat fee pricing on every expungement case. Contact us to find out whether you qualify.