Minnesota Expungement Lawyer & Attorney
For a variety of reasons, people wonder if they can have their criminal or arrest record sealed. A criminal or arrest record can cause undue hardship, including but not limited to the inability to obtain employment or secure a place to live. People make mistakes, and Minnesota provides a mechanism through which records can be expunged.
Carson J. Heefner has 20 years of experience helping clients dealing with criminal charges and convictions. He can evaluate your case and advise if it is possible to have the charges expunged.
Straightforward Legal Advice
Imagine that you participated in questionable behavior at a time in your life where you took risks. Perhaps you got caught possessing marijuana or shoplifting. You didn’t realize the long-term consequences such actions would have on your life. You didn’t know that the charge or conviction on your record would show up on background checks or be a turnoff to potential landlords or employers. A tainted criminal record can also lead to difficulty enrolling in college or graduating therefrom.
The good news is that some convictions and arrest records can be expunged. The effect of this is that the arrests or convictions will not appear on a background check. The procedure to request expungement is complicated. and it must be precisely followed or the expungement request will be denied.
Knowledge Of Minnesota’s Expungement Law
Carson J. Heefner is an experienced expungement lawyer, who can help you navigate the system and clear up your record.
Under Minn. Stat. 609A, there are certain restrictions as to what can be expunged, as well as when the request for expungement can be made. The following conditions must be met:
- The criminal proceeding was resolved in the defendant’s favor. An expungement request can be made at any time. A matter resolved in the defendant’s favor involves a not guilty verdict after trial or dismissal before trial.
- If the defendant entered a diversion program or was granted a Stay of Adjudication, a petition for expungement can be filed one year after being discharged from the stay or diversion program.
- If a person was convicted of a Petty Misdemeanor or Misdemeanor, the petition for expungement can be filed 2 years after being discharged from probation.
- If the person was convicted of a Gross Misdemeanor, the petition for expungement can be filed four years after being discharged from probation.
- If convicted of a Felony, the petition for expungement can be filed 5 years after discharge from probation.
There are other restrictions that you must be aware of – domestic abuse offenses, criminal sexual conduct, and DWI are examples of offenses that are rarely expunged.
Guidance Through The Expungement Procedure
If you want your record expunged, you must file a Petition for Expungement in the county where the record originated. For example, a Hennepin County conviction means the petition must be filed in Hennepin County. The petition must include the facts and details of the offense or charge you wish to have expunged. In addition the steps that were taken to rehabilitate yourself must also be outlined.
The petition must be served upon the different government entities and individuals involved. This includes the original prosecutor and any other entity that may have records relevant to the case. These entities include the arresting agency, court administrator’s office, the county sheriff/jail, and the Bureau of Criminal Apprehension. Professional licensing boards may also be involved.
Once all parties are served, a hearing is scheduled to determine whether the expungement request will be granted. Any party has the right to appear at the hearing to object the request. At the end of the hearing, the judge will decide whether you have presented sufficient information to grant the request. If so, an expungement order is signed and all parties that were served with the petition will be ordered to seal the applicable records.
The only people that can view a sealed record are local, state, and federal law enforcement agencies. A landlord or employer won’t be able to see the criminal offense or charge if it has been expunged.
Contact Attorney Carson J. Heefner Today
If a criminal conviction is causing a hardship in your life, expungement may be an option. Carson J. Heefner has over 20 years experience helping individuals expunge arrest and conviction records. If you or someone you know would like to expunge an arrest or conviction record, contact Carson at 612-202-8971 or email@example.com for a free consultation.