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Expungements

Expungements

A criminal record can cause problems in many areas of life, including one’s reputation, the ability to find housing, and the ability to secure a job. The laws of Minnesota allow for the sealing of criminal records in many different scenarios. Recently, the expungement statutes were amended to make expungements even more available to persons with criminal records. If you are interested in having your records sealed, call the experienced attorneys at Lundgren & Johnson. We have successfully petitioned district courts around the state for expungements in cases ranging from DWI to murder.

THE ATTORNEYS AT LUNDGREN & JOHNSON ARE HERE TO ANSWER ANY OF YOUR EXPUNGEMENT QUESTIONS.

Expungements in Minnesota are available under two broad categories of legal authority: by statute and through the exercise of the judiciary’s inherent powers. The more common types of expungements are secured through the authority existing in state statutes. Below is a brief overview of statutory expungements in Minnesota.

STATUTORY EXPUNGEMENT

Under the law, a person may petition for expungement, and is presumed to be entitled to an expungement, in cases where “all pending actions or proceedings were resolved in favor of the petitioner.” This includes the following circumstances.

  • Jury acquittal.
  • Dismissal of all charges by a judge.
  • Dismissal of all charges by a prosecutor.
  • Continuance for dismissal and subsequent dismissal of all charges.
  • Exoneration following conviction.

IF YOU FALL INTO ANY OF THE CATEGORIES ABOVE, THE LAW PRESUMES THAT YOU ARE ENTITLED TO AN EXPUNGEMENT. CONTACT US TODAY FOR A NO-COST CONSULTATION REGARDING YOUR EXPUNGEMENT CASE.

If you had a criminal case where the proceedings were not “resolved in your favor”, you may still be able to successfully petition a court for expungement. Recently, the expungement laws were amended to make it easier for persons with convictions to obtain expungements. If you fall into any of the following categories, you may be able to have your records expunged.

  • If you have successfully completed the terms of diversion program or stay of adjudication and have not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication.
  • If you have been 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 two years since discharge of the sentence for the crime.
  • If you were convicted of or received a stayed sentence for a gross misdemeanor and have not been convicted of a new crime for at least four years since discharge of the sentence for the crime.
  • If you were convicted of or received a stayed sentence for certain felony violations, and have not been convicted of a new crime for at least five years since discharge of the sentence for the crime. To see a listing of the felony crimes eligible for expungement, click here.

PROCESS OF SEEKING AN EXPUNGEMENT

In any expungement case, a person must file a petition for expungement and proposed order in the district court. The petition and proposed order must also be served on all government agencies and offices that hold any records you wish to have expunged. This can include several entities, including the prosecutor’s office, probation department, the district court, Attorney General’s Office, police departments, sheriffs departments, Minnesota Bureau of Criminal Apprehension, Minnesota Department of Health and Human Services, Minnesota Department of Public Safety, and others. Failure to serve any party will void an expungement as it relates to that party. In other words, if the expungement petition and proposed order are not properly served, the expungement petition may be denied by the court.

Once a petition for expungement is properly filed and served, the court will calendar a hearing before a judge to receive evidence and hear any objections by the government agencies subject to expungement. In making a determination in any case where the proceedings were not “resolved in favor” of the petitioner, the court must analyze the following factors.

  • The nature and severity of the underlying crime, the record of which would be sealed.
  • The risk, if any, the petitioner poses to individuals or society.
  • The length of time since the crime occurred.
  • The steps taken by the petitioner toward rehabilitation following the crime.
  • Aggravating or mitigating factors relating to the underlying crime, including the petitioner’s level of participation and context and circumstances of the underlying crime.
  • The reasons for the expungement, including the petitioner’s attempts to obtain employment, housing, or other necessities.
  • The petitioner’s criminal record.
  • The petitioner’s record of employment and community involvement.
  • The recommendations of interested law enforcement, prosecutorial, and corrections officials.
  • The recommendations of victims or whether victims of the underlying crime were minors.
  • The amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted.
  • Other factors deemed relevant by the court.

If the court grants expungement, the order will be stayed for a period of 60 days to allow any aggrieved party to file an appeal.

AS YOU CAN SEE, THE PROCESS OF SEEKING AN EXPUNGEMENT CAN BE COMPLEX AND DAUNTING. LEAVE THE HARD WORK TO US. WE KNOW THIS AREA OF THE LAW AND WILL ASSIST YOU IN HAVING YOUR RECORD WIPED CLEAN.  CLICK HERE TO SEE SOME OF OUR LATEST RESULTS.