If your past criminal record has cost you a job opportunity, housing, or a professional license, you wish that blemish would disappear permanently. But can it be done? The short answer is yes, under the right circumstances. Today we're going to look more at expungements in Minnesota and see how they can help you clear your record.
Criminal expungement occurs when an individual comes before the court in an attempt to convince the judge to seal a criminal record. A person's criminal record includes not just crimes a person has been convicted of, but also crimes he or she was charged with, even if the case was dropped or the person was found not guilty.
If you are interested in having your record successfully expunged, you or your attorney must convince the judge that your criminal record has denied you work, housing or professional licenses. You must also prove sealing the record will not have a negative effect on public safety and that you have been successfully rehabilitated. Having been found not guilty of the listed crime increases your chances of a successful expungement of your Minnesota record.
Expungements in Minnesota require a waiting period of at least 63 days between the time your paper work is mailed to the government and the day the judge holds the hearing on your request. If the judge rules in your favor, another 60 days will pass before your record is officially sealed.
Once your court record is expunged, it will become invisible to the public because employers and the general public do not have access to sealed court records.
Not all crimes can be expunged from your record. If you have been charged with a crime such as murder, a sex offense or an enhance able offense, like DUI, these records cannot be expunged from your record. It is also important to remember that while an expungement may clear your record when viewed by employers or the general public, records kept by other agencies, such as the Bureau of Criminal Apprehension, may not be sealed.
There are two types of record expungement in Minnesota – statutory authority expungement and inherent authority expungement. Under a statutory expungement it is possible to seal all records of an offense, including those held by the BCA. Inherent expungements are often only able to seal records held by probation and the court itself. Individuals who begin the expungement process with experienced legal counsel have a better chance of achieving a satisfactory record expungement.
If you are facing criminal charges or you are interested in expunging your record, you need experienced legal counsel. Contact Attorney Eric J. Olson for vigorous defense and unrivaled results.