In the state of Minnesota, the process of expunging a crime from your record can be complex without support from a lawyer. Those with a criminal record may face ongoing repercussions long after they have served the consequences imposed by the court system. If you are someone with a criminal record, it may cause problems when trying to find housing, a job, or obtaining student loans. Our Minneapolis, MN expungement lawyer understands that you may be worried that your reputation will be tarnished for years. Perhaps you have grown and feel that this offense no longer is a representation of who you are and where you are at in life. If you are wanting to get a crime expunged from your record, contact Derek at Archambault Criminal Defense today for a free consultation appointment.
How Expungement Works
There are a couple different types of expungement. Statutory expungement may seal all the records. By comparison, an inherent authority expungement may eliminate court records only. In most cases, inherent authority won’t seal police, BCA, or prosecutor’s records. Non-enumerated felonies (with the exception of crimes that required registration as a sex offender) are only eligible for inherent authority expungement. As our knowledgeable expungement attorney explains, the expungement statute for Minnesota allows for the following:
- Cases where the juvenile was prosecuted as an adult
- Cases that were resolved in the favor of the petitioner
- First time drug offenses (if dismissed once the diversion program was completed)
- Cases where the petitioner finished a diversion program or were given a stay of adjudication
- Misdemeanors, petty misdemeanors, gross misdemeanors, and some felonies (after a waiting period and as long as the petitioner did not receive new convictions during this time)
- Juvenile records can be expunged if the court decides that the petitioner benefit outweighs public detriment and safety, and the burden on the court in enforcing issuing, and monitoring an expungement order
About Waiting Periods
For statutory expungement, a person has to wait a certain period before they can apply for expungement This waiting period starts after finishing the imposed probation or sentence. To be eligible for statutory expungement, you cannot receive any new convictions during that time. The duration depends on the severity of the offense. Here are examples of offenses and their associated waiting periods:
- Felony: 5 year waiting period
- Gross Misdemeanor: 4 year waiting period
- Misdemeanor: 2 year waiting period
- Diversion or Stay of Adjudication: 1 year waiting period
- Continuance for Dismissal: no waiting period as long as there was no factual admission of guilt
- Acquittal/Dismissal: no waiting period
Archambault Criminal Defense
Derek Archambault at Archambault Criminal Defense knows that having a criminal offense on your record can feel like a hindrance to what you want to accomplish in life. You may feel held back and as if this offense does not reflect who you are as a person. Having criminal charges removed from your record can provide the relief and release from judgment that you are hoping for. Please contact our Minneapolis expungement attorney today so we can get started working on that expungement.
