Minnesota Expungements

Many people ask about expungements after suffering the long-lasting negative effects a conviction has on their criminal record. These negative effects can last years, even decades, after conviction and include:

• being denied jobs from prospective employers,

• denied student and/or home loans from financial institutions,

• difficulty/denial in securing a professional license,

• difficulty/denial in securing housing and/or housing assistance,

• limitation of child custody rights,

• increase of any future criminal penalties,

• denial of green card or naturalization,

• and more.

There are two separate paths to expungement in Minnesota: statutory expungement and expungement through the court’s inherent authority. Statutory expungement was overhauled in 2015, leading to clearer rules about what records may be sealed, how to qualify to have the records sealed, and what offenses are not eligible for expungement. Expungement through the court’s inherent authority places the burden of proof on you to show the court why it should seal the records of your conviction the judicial branch holds. Statutory expungement seals all records, both in the judicial system and those held by most government agencies.

Statutory Expungement

In 2015, Governor Mark Dayton signed into law the Second Chance Act, which overhauled the previous system for determining eligibility for expungements. This created a clear path for many to have their records expunged compared to the previous system. Many individuals who previously sought an expungement and were denied are now eligible.

Statutory expungement is presumed to apply - sometimes after a specific period of time - to acquittals, dismissals, continuances for dismissal, diversion cases, and stays of adjudication, meaning that courts must grant expungement if your criminal matter ultimately resolved in one of these ways, as long as you meet any waiting period. Statutory expungement applies in most circumstances if you were ultimately convicted of a crime, such as a misdemeanor of any level, and some felony convictions, but only after remaining completely law-abiding after completion of sentence (served all time, fully discharged from probation, and/or paid all fines/fees) for a certain period of time, depending on level of offense.

Expungement Factors

No matter the path to expungement you take, there are several factors the court takes under consideration when determining whether an expungement is warranted. These include: the nature and severity of the crime, potential risk to the community, length of time since the crime occurred, steps taken towards rehabilitation, any aggravating or mitigating factors involved in the crime, reasons for the expungement, total criminal record, record of employment and community involvement, recommendations of law enforcement agencies and/or victim(s) of the crime, efforts made towards restitution, and/or any other factors the court deems relevant.

A skilled attorney can help navigate Minnesota’s expungement system to help achieve the resolution you desire. Contact Loon Law today for a free expungement consultation at (612) 524-8563!