Why Should You Get Your Record Expunged?

There are many reasons why you should get your record expunged. Expungement can have a significant impact on your lifestyle opportunities as well as your emotional well-being. Knowing that your record is no longer visible to the public can present you with a clean slate and a fresh start.

Improved Employment Opportunities

A criminal record can make it challenging to get a job, even if the crime you committed was minor or nonviolent. An expungement can seal your record from public view, making it more likely that you can find a good job.

Increased Access to Education

A criminal record can also make getting into college or other educational programs challenging. Expungement can help you clear your name and pursue your educational goals.

Enhanced Housing Opportunities 

Landlords often run background checks on potential tenants, and a criminal record can make it challenging to find housing. An expungement can help you qualify for better housing options.

Peace of Mind

Carrying around the burden of a criminal record can be stressful and anxiety-inducing. Getting your criminal record expunged can give you peace of mind and allow you to move on with your life.

What Crimes Can Be Expunged?

In Minnesota, various crimes can be expunged, including misdemeanors, gross misdemeanors, and certain felonies. The specific crimes that are eligible for expungement depend on the severity of the offense and the time that has passed since the conviction.

Expungement of Misdemeanors and Gross Misdemeanors

  • Petty misdemeanors: Can be expunged after two years from the date of discharge from sentence.
  • Misdemeanors: Can be expunged after two years from the date of discharge from sentence.
  • Gross misdemeanors: Can be expunged after three years from the date of discharge from sentence.

Expungement of Felonies

  • Fifth-degree felony drug possession/sale: Can be expunged after four years from the date of discharge from sentence.
  • Other felonies: Many felony offenses are eligible for expungement under Minnesota Statute 609A.02. These offenses include forgery, theft, certain drug offenses, and more.

Juveniles Prosecuted as Adults

Convictions of juveniles who were prosecuted as adults can be expunged after it is discharged by the commissioner, or the individual has been discharged from probation after satisfactory fulfillment of it.

Cases Resolved in Your Favor

Proceedings resolved in your favor (not guilty verdict, outright dismissal, or other resolution where you never admitted guilt on the record) can be expunged at any time. This is one type of statutory expungement case.

Stays of Adjudications and Diversion

If you successfully completed the terms of a stay or diversion program and have not been charged with another crime for one year, your record can be expunged.

The Minneapolis Expungement Process

The expungement process in Minneapolis, Minnesota, involves several steps:

Determine Eligibility

Before you begin the expungement process, it is crucial to determine if you are eligible for expungement under Minnesota law. The eligibility criteria vary depending on the type of offense, the severity of the crime, and the time that has passed since the conviction. An experienced expungement attorney can assess your eligibility and guide you through the process.

Gather Necessary Documents

The expungement process requires a substantial amount of documentation, including court records, police reports, proof of rehabilitation, and other relevant documents. Gather these documents carefully and organize them in a clear and concise manner.

Complete Expungement Forms

Minnesota provides specific expungement forms that you need to complete accurately and comprehensively. These forms include a Petition for Expungement, a Notice of Hearing, and an Order Concerning Sealing or Expunging Records.

File Expungement Petition

File the completed expungement forms with the appropriate court clerk in the county where your conviction occurred. There is a filing fee associated with submitting the petition.

Serve Notice on Relevant Parties

Serve notice of the expungement petition on the prosecutor’s office, any victims of the crime, and any other parties involved in your case. This ensures that all interested parties have an opportunity to respond to the petition.

Attend Court Hearing

If your expungement petition is contested, you may be required to attend a court hearing. At the hearing, you will have the opportunity to present your case and argue for the expungement of your record.

Receive Court Order

The judge will review your petition and the arguments presented at the hearing. If the judge grants your petition, they will issue an Order Concerning Sealing or Expunging Records. This order will seal or expunge your record from public view.

How Can a Mineappolis Expungement Attorney Help Clear Your Record?

An expungement attorney near you can help erase your record in several ways. In addition to guiding you through the legal process, they can:

Determine Your Eligibility

An experienced expungement attorney in MN can review your criminal history and advise you on whether you are eligible for expungement. They can also help you understand the specific requirements and procedures involved in the process.

Gather and Organize Documents

The expungement process often requires a significant amount of documentation, including court records, police reports, and proof of rehabilitation. An attorney can help you gather these documents and organize them in a way that meets the specific requirements of the court.

Draft and File Petitions

The petition for expungement or record sealing is a crucial document that outlines your request and the reasons why it should be granted. An attorney can draft a compelling petition that accurately represents your circumstances and effectively argues for your case.

Represent You at Court Hearings

If your petition is contested, you may need to appear in court to argue your case. An attorney can represent you in these proceedings, ensuring your rights are protected and your arguments are presented effectively to the judge.

Follow Up with the Court

Even after the petition is filed, there may be additional steps involved in completing the expungement process. An attorney can stay on top of your case and ensure that all necessary steps are taken to finalize the process.

Contact a Minneapolis Expungement Attorney for Help Today

Hiring an attorney to help you erase your record can increase the likelihood of success, reduce your stress and anxiety, and give you peace of mind. If you are considering erasing your record, consulting with an experienced expungement attorney is essential.

Contact Eraser Law for top-notch legal advice. Call us today at 612-422-4950 or use our online form to schedule a case consultation with an experienced defense attorney in Minneapolis, MN.

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