See - Expungement of Criminal Charges & Non-Convictions in Minnesota

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Expungement of Criminal Charges & Non-Convictions in Minnesota

Even if you were not convicted of a crime, the charges against you may affect your opportunity to gain employment, rent property, or engage in other activities.

Fortunately, Minnesota law provides a process to expunge charges on a criminal record in Minnesota even when no conviction occured.

Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number three, Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3.

In Minnesota, a person is allowed to expunge “all records relating to an arrest, indictment, or information, trial, or verdict if … all pending actions or proceedings were resolved in favor of the petitioner.”  Minn. Stat. § 609A.02, Subd. 3.  There are some exceptions to this, but this is the general rule.  Thus, under Minn. Stat. § 609A.02, Subd. 3, a judge may not seal/expunge a “guilty verdict” or actual conviction on a person’s record.  It cannot be expunged because, as the statute states, the case must have been resolved “in favor” of the petitioner, and a criminal conviction is never deemed to be in ones favor.  This is also true of cases where a judge vacates a guilty plea and conviction after a stay of imposition – this is not a case resolved in favor of the petitioner.

An example of a permissible expungement of a record (i.e., a record that may be expunged) is a “not guilty” jury verdict, which can be expunged, and all matters related to it can be sealed from the public (and with a few exceptions).

Further, under Minn. Stat. § 609A.02, Subd. 3, the petitioner (i.e., the person who is asking the court to seal the record) is presumptively entitled to expungement.  Under Minn. State § 609A.03, Subd. 5(b),

…if the petitioner is petitioning for the sealing of a criminal record under § 609A.02, Subd. 3, the court shall grant the petition to seal the record unless the agency or jurisdiction whose record would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.

Minn. State § 609A.03, Subd. 5(b).

A judge should grant a petition to expunge a person’s record under Minn. Stat. § 609A.02, Subd. 3, when there is no agency or jurisdiction that can prove by clear and convincing evidence that (1) its records will be affected by the expungement and sealing of the record;  and (2) the interests of the public and public safety are so great that they outweigh all the disadvantages to the petitioner if the petitioner’s record is not sealed (e.g., suffering the loss of housing, not being able to get a job, getting fired from ones place of employment, getting kicked out of school, suffering ridicule or embarrassment in social clubs, being ostracized from ones place of worship, infliction of emotional stress psychological distress (like pain and suffering), being disliked by ones friends or family, being denied certain rights or privileges (like state licenses or permits necessary to you), etc.

A judge should deny a petition to expunge a person’s record under Minn. Stat. § 609A.02, Subd. 3, when an agency or jurisdiction whose records would be affected has provided clear and convincing evidence that the interests of the public and public safety are so greatly harmed, such that the harm outweighs all of the many disadvantages suffered by a petitioner whose record is not sealed by the court.

Removing Criminal History

Our attorneys are very experienced in the complicated world of criminal expungement here in Minnesota.  But more importantly, as an attorney our Minnesota expungement attorneys know the importance of criminal expungement and the dramatic and positive effect it can have upon a person who has their record expunged.

Because of this, our expungement lawyer will fight for you and your right to be free of your past conviction once and for all!  Past convictions are often a result of a person’s bad decision making and/or poor judgement – we at Twin Cities Law Firm truly believe that most people make such poor decisions either out of a concern for others (e.g., to obtain money to feed their children or to pay the rent) or because the person was struggling with their own problems at the time of the offense (e.g., addiction or mental illness).

Regardless of the reason you have been convicted of a criminal offense, a Twin Cities Law Firm expungement attorney is prepared to fight for your right to be finally free of the stigma and discrimination that results from any criminal conviction being on a person’s criminal history record.  Don’t let others unfairly judge you for something that happened in your past and for which you have paid the price many times over.

Contact an expungement lawyer to determine your legal option for expunging and sealing any or all of your prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

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