Are you having difficulties obtaining employment, housing, loans or experiencing other hardships due to criminal background checks? This article provides some background information on expungements, including whether you are eligible.
What is an Expungement?
An expungement is the sealing of criminal records and “prohibiting the disclosure of their existence or their opening except under court order or statutory authority.” Minn. Stat. 609A.01. Although an expungement does not vacate, destroy or erase your criminal records, it prevents the public from accessing your records.
When can I request an Expungement?
You may request an expungement when:
1. All pending actions or proceedings are resolved in your favor;
2. You have successfully completed the terms of a diversion program or stay of adjudication and have not been charged with a new crime for at least 1 year since completion of the program or stay;
3. You were convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and have not been convicted of a new crime for at least 2 years since discharge of the sentence;
4. You were convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least 4 years since discharge of the sentence; OR
5. You were convicted of or received a stayed sentence for certain felonies and have not been convicted of a new crime for at least 5 years since discharge of the sentence.
How do I request an Expungement?
Generally, you will need to file a petition with the court that administered your case and pay a filing fee unless you are eligible for a waiver. The petition must include, among other items, why you are seeking expungement, why it should be granted, criminal record history, and in the case of conviction, steps you have taken to rehabilitate yourself.
However, no petition is required if the prosecutor agrees to the sealing of your records. If the prosecutor agrees to the sealing of your records, the prosecutor must make an effort to notify victims of the offense so they have an opportunity to object.
What happens after I request an Expungement?
A court hearing will be held no earlier than 60 days after service of the petition. Expungement is not guaranteed and may be denied. If the court approves your petition, it will issue an expungement order (a copy will be sent to the mailing address in your petition).
The court will generally look at the following factors:
1. Severity of the crime;
2. Length of time since the crime occurred;
3. Any steps you have taken toward rehabilitation;
4. Your criminal record, employment record, and community involvement;
5. Risk posed to society;
5. Reason(s) for the expungement request (e.g. obtaining employment, housing or other necessities);
6. Outstanding restitution (if any);
7. Other factors deemed relevant by the court.
We would be happy to answer any questions you have regarding expungements. Please contact us.