Expungement Attorney Minneapolis
Helping Individuals Expunge Minneapolis Criminal Records in Hennepin County
Having a criminal record can have a lasting impact on your life, affecting everything from employment opportunities to housing, education, and even relationships. If you have been arrested, charged, or convicted of a crime in Minneapolis, an expungement could provide you with a fresh start by sealing or clearing your criminal record.
If a conviction is preventing you from having the quality of life you seek, you may be eligible to have your criminal record expunged. In Minnesota, people who have been convicted of a crime or arrested are able to have their records sealed. This can help them get a job, housing, or qualify for other essential opportunities. Brockton D. Hunter P.A. has taken an active role in assisting people with moving beyond their past mistakes through expungement.
At Brockton D. Hunter P.A., we understand how a criminal record can affect your future and your peace of mind. Our Minnesota criminal law firm is committed to helping you navigate the expungement process, guiding you toward a brighter tomorrow. Whether you are seeking to have a minor offense sealed or a more serious conviction expunged, our Minneapolis expungement lawyer are here to provide you with the experienced legal counsel you need to make it happen.
With our experience helping clients seal criminal records, our expungement attorneys in Minneapolis can help you move forward. Contact us at (612) 979-1112 to expunge your records!
What is Expungement?
An expungement is an order signed by a judge that requires criminal records regarding arrest, indictment, or information, trial, or verdict be sealed. Sealing records means that the records may not be disclosed or opened. This DOES NOT mean the records are destroyed. In fact, the law sets out several circumstances in which expunged records may be disclosed or opened. For instance, the records may be opened when a person is under criminal investigation or when a criminal justice agency is evaluating a prospective employee. However, taken as a whole the law is a big step forward for people who have paid their debt to society and wish to move forward with their lives.
Expungement can significantly relieve the social and economic barriers faced by individuals trying to reintegrate into society. While the stereotype of a criminal past can be daunting, expungement helps in building a fresh start by restoring opportunities that may have been lost due to a criminal record. Additionally, knowing that their records can only be opened under specific legal circumstances provides individuals with peace of mind and a sense of security as they strive for a better future.
The Benefits of Expungement
Clearing your criminal record through expungement can have profound and lasting benefits, including:
- Improved Employment Opportunities: Many employers conduct background checks, and having a criminal record can disqualify you from job opportunities. Expungement allows you to legally deny the existence of your criminal record in many instances, opening up new career paths.
- Access to Housing: Landlords often conduct background checks on potential tenants. A clean record can make it easier for you to find housing without the stigma of a criminal history.
- Restoring Your Reputation: A criminal record can damage your reputation and affect your relationships. Expungement helps restore your reputation and allows you to move forward with greater peace of mind.
- Better Educational Opportunities: Some educational institutions may conduct background checks as part of their admissions process. With an expunged record, you may have better chances of gaining access to higher education.
- Right to Vote and Own Firearms: In certain cases, expungement may restore certain rights, including the right to vote or possess firearms, depending on the nature of your conviction.
What Is the Expungement Process in Minnesota?
Anyone seeking to have their criminal record sealed must go through a complex process.
The steps involved in seeking an expungement include the following:
- Gathering all pertinent information: The individual must have copies of their criminal case history and lists of names and addresses they've used since their first arrest. Having complete and accurate information is important, as it must be included on the expungement petition. Any errors may delay the process.
- Explaining why expungement is sought: The individual must also write down why they want their criminal record cleared. For instance, they might be having trouble getting a job or a place to live because of their criminal history, and an expungement would remove the barriers they're facing. When a judge is determining whether to grant the request, one of the things they'll weigh is the benefits of expungement upon the individual against the risks upon the community.
- Submitting the expungement petition: After the individual has completed all necessary forms, which includes a written statement about why the expungement should be granted and how they've been rehabilitated since their conviction, they must file their forms with the correct court. After filing the petition, 60 days must pass before there is a hearing.
- Attending the hearing: The individual will be scheduled for a hearing. During the proceeding, the judge may ask clarifying questions about the information contained in their petition. In most situations, however, the judge will make a decision based on what was written in the petition.
When deciding, the judge will consider a range of factors, such as:
- The severity of the offense
- The risk the individual poses to society
- The individual's commitment to rehabilitation
If the judge grants the expungement, the individual's record will be cleared of the conviction for which relief was sought.
It is essential to approach the expungement process with diligence and attention to detail. A poorly prepared petition or missing information could lead to a denial, making the guidance of a knowledgeable expungement attorney invaluable. Moreover, the duration from filing to hearing can extend over several months, making patience a key component of the journey. Being proactive and organized from the start greatly enhances one's chance of successfully sealing their record in Minnesota.
Community Impact of Expungement
Expunging a criminal record can have substantial effects not just on the individual but also on the community at large. When individuals successfully seal their records, they have greater opportunities to contribute positively to the economy by securing better jobs, advancing their education, and achieving stability. This, in turn, increases community engagement and reduces recidivism, fostering a safer and more inclusive environment for all.
Local support networks and organizations in Minneapolis often play a crucial role in the expungement process. By coordinating with legal aid services and sharing resources, these groups help guide individuals through their expungement journeys, emphasizing rehabilitation and reintegration. This community-driven approach not only aids individuals seeking expungement but also promotes a culture of second chances, encouraging society to look beyond past mistakes and invest in the potential of its members.
Are You Eligible for Expungement?
Expungement eligibility depends on several factors, including the type of offense, the outcome of your case, and the time that has passed since your conviction. Here are some general eligibility guidelines:
- Timeframe: Typically, you must wait a certain period of time after the completion of your sentence before applying for expungement. This time varies depending on the offense, but it can range from a few years for misdemeanors to ten or more years for certain felonies.
- Offense Type: Certain offenses, such as violent crimes or sex offenses, may not be eligible for expungement in Minnesota. However, many non-violent offenses, including drug offenses, theft, and property crimes, may qualify.
- Successful Completion of Sentence: To be eligible, you must have successfully completed your sentence, including probation, parole, or restitution, with no further criminal charges or violations.
- Clean Record After Conviction: In most cases, you must not have been convicted of any other crimes during the period you are applying for expungement. If you have a subsequent conviction, it may disqualify you from seeking expungement.
- Public Interest: The court will also consider whether expunging your record is in the public interest. This is evaluated on a case-by-case basis, and having a skilled attorney to advocate for your case is crucial.
With our experience helping clients expunge criminal records, our expungement attorneys near you can help you move forward. Contact us at (612) 979-1112!
What Charges Can Be Expunged?
A person can seek to have their criminal record sealed only if they have been convicted of certain qualifying crimes.
Examples of Minnesota offenses that can be expunged include:
- Theft
- Fifth-degree controlled substance crime
- Receiving stolen property
- Mail theft
- Issuing a bad check
- Damage to property
- Forgery
- Additionally, people who have successfully completed diversion programs and people who were convicted of petty misdemeanors, misdemeanors, gross misdemeanors, and felonies, can also petition the court for expungement.
If a person has been convicted of an offense requiring registration as a predatory offender, they cannot have their criminal record sealed.
Such crimes include:
- Murder
- Kidnapping
- Criminal sexual conduct
- Felony-level indecent exposure
Understanding the nuances of which charges are eligible for expungement can be complex. The list of qualifying offenses can evolve, and individual circumstances often influence a judge’s decision. Consulting with an attorney who is well-versed in Minnesota's expungement law can provide clarity and direct individuals toward the appropriate legal channels. Furthermore, those who pursue expungement are encouraged to gather comprehensive documentation to support their petition, strengthening their case.
Contact us online or by calling (612) 979-1112 today for an expungement lawyer near you,
Expungement Requests Allowable in Minnesota
You may request an expungement in these circumstances:
- If you’ve successfully completed terms of a diversion program or stay of adjudication and have not been charged with a new crime for 1 year
- If you’ve been convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and you have not been convicted of a new crime for at least 2 years
- If you’ve been convicted of or received a stayed sentence for a gross misdemeanor and have not been convicted of a new crime for at least 4 years.
- If you’ve been convicted of, or received a stayed sentence for a felony on, “The List” and have not been convicted of a new crime for at least 5 years.
“The List” is a list of 50 felony offenses that are eligible for expungement. It can be found on the Revisor’s site in Section 6, and includes convictions for 5th Degree Controlled Substance, failure to appear in court, theft of $5,000 or less, dishonored check over $500, and movie pirating, among other things.
Waiting Period for Seeking Expungement
The amount of time a person must wait to get their record expunged in Minnesota depends on the offense they were charged with. Generally, the waiting period begins when the individual completes their sentence, including terms of probation.
A person may file for an expungement as follows:
- No waiting period: When the case was decided in the petitioner's favor.
- 1-year waiting period: When the petitioner was granted deferred adjudication, they completed the terms of their diversion program, and they have not been charged with a new crime since finishing their sentence.
- 2-year waiting period: When the petitioner was convicted of a petty misdemeanor or misdemeanor, and they have not been convicted of a new crime since finishing their sentence.
- 4-year waiting period: When the petitioner was convicted of a gross misdemeanor and they have not been convicted of a new crime since completing their sentence.
- 5-year waiting period: When the petitioner was convicted of a felony specified in Minnesota Statute 609A.02, subdivision 3, paragraph (b), and they have not been convicted of a new crime since completing their sentence.
These waiting periods are designed to reflect the gravity of the offense and the public's interest in a person's rehabilitation. The clean period required before filing for expungement serves as a testament to one's commitment to avoiding further criminal behavior. Each year free from subsequent offenses underscores the individual's readiness to be reintegrated more fully into society, highlighting the role of personal responsibility in the legal process.
Types of Expungement in Minnesota
Currently, a person has two options for seeking an expungement: statutory or inherent authority expungement. The method an individual pursues to have their record cleared depends on the specifics of their situation.
Statutory expungements are those based on Minnesota's statutes. This means that a written law exists enumerating the grounds for clearing a specific offense.
Statutory expungement focuses on the following types of matters:
- Certain drug crimes
- Juvenile crimes prosecuted in adult courts
- Cases decided in the defendant's favor
- Cases in which the defendant was placed in a diversion program
- Cases involving petty misdemeanor, misdemeanor, and gross misdemeanor offenses
- Cases involving specified felonies
If a person's offense does not qualify for a statutory expungement, they may try to have their record sealed through the inherent authority process. This vehicle provides that the court can decide whether or not a person's record can be cleared. The decision is not based on grounds provided in the expungement statute. Often, such an expungement is granted when the petitioner's constitutional rights were violated or a criminal justice agency abused its discretion. An inherent authority expungement only clears records held by the court.
Choosing between these expungement options requires careful consideration of the circumstances surrounding the offenses. Statutory expungements generally offer a clearer, more straightforward path due to established legal guidelines. Inherent authority expungements, though more complex, allow individuals to argue their case based on broader principles of justice and fairness. Each path has its own set of challenges and advantages that should be carefully weighed.
Contact us online or by calling (612) 979-1112 today for an expungement attorney near you,
FAQs About Expungement in Minnesota
How Long Does It Take to Obtain an Expungement?
The timeline for obtaining an expungement in Minnesota can vary depending on several factors, but typically the process takes several months. Initially, after filing the petition, there is a mandatory 60-day waiting period before a hearing can be scheduled. During this time, notice is given to relevant parties, including prosecutors and victims, who may wish to contest the expungement. After the notice period, the hearing is scheduled where a judge will evaluate the petition. If the expungement is granted, additional time may be required for administrative processing. Overall, from start to finish, the expungement process may take approximately 4 to 6 months.
What Happens if My Expungement is Denied?
If your expungement request is denied, it is not necessarily the end of the road. Applicants may appeal the decision to a higher court if they believe the denial was incorrect or unjust. Consulting with a knowledgeable attorney can help you understand the reasons for denial and explore your options. In some cases, revisiting and strengthening the petition or addressing any concerns raised during the hearing can lead to a more favorable outcome in a subsequent attempt. It's essential to address any deficiencies identified in the initial application to improve the likelihood of success in the future.
What are the Costs Associated with Expungement?
The costs associated with seeking an expungement can include a variety of fees. Typically, there is a filing fee paid to the court, which varies by county but generally falls between $300 to $400. Additionally, legal fees may apply if you hire an attorney to assist you throughout the process. While hiring a lawyer represents an additional expense, their guidance often translates into a more efficient process and improved chances of a successful outcome. Some individuals may qualify for fee waivers based on financial needs, which can alleviate some of the financial burdens associated with pursuing an expungement.
Can Juvenile Records Be Expunged?
In Minnesota, juvenile records can be eligible for expungement under certain conditions. The process for expunging a juvenile record is similar to that for adults but often with different considerations. Typically, a juvenile must demonstrate that they have not been adjudicated for any offenses since the record they wish to expunge and that their expungement serves the interests of justice. These considerations aim to allow individuals who made mistakes as youths to move forward without the burden of a criminal record affecting their future educational and employment opportunities. It's advisable to consult with legal professionals to understand the unique requirements associated with juvenile records.
Will Employers Know About My Expunged Record?
When a record is expunged in Minnesota, it is sealed and generally inaccessible to the public and most employers. However, some law enforcement and government agencies may still have access under specific circumstances. For most private sector jobs, expungement means that the record will not appear in typical background checks, allowing individuals to present a clean record to potential employers. Nonetheless, it's prudent to discuss the limitations of expungement with an attorney to fully understand who might still access your record and under what circumstances.
Minnesota’s “Ban the Box” Law
Why Do You Need a Lawyer for Expungement?
Call Our Accomplished Minneapolis Firm
For help seeking a second chance, contact us at (612) 979-1112 to speak with our Minneapolis expungement lawyers.
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