Can You Get a DWI Expunged in MN?

One of the most frequent questions we get asked by folks that have gotten a DWI is, “Can you get a DWI expunged?”  The quick answer is Yes, if you were convicted of driving while intoxicated, you may be eligible to seek expungement for a DWI. Expungement is the process by which an individual can have a certain entry removed from his or her criminal record. Although this particular remedy is available, it’s important to understand that having an attorney is critical when seeking an expungement of a DWI / DUI charge in Minnesota. Without an attorney, your chances of receiving a favorable order decrease dramatically.

Showing that a DWI Expungement will yeild a benefit equal to the public’s interest.

In order to expunge a DWI from your criminal record, you must show that the expungement will yield a benefit to you that is at least equal to the public’s interest in maintaining the record. The courts typically believe the public’s interest to be significant in this analysis. According to a 2016 memo issued by the Department of Public Safety’s Office of Traffic Safety division, one out of every seven licensed Minnesota drivers have at least one DWI / DUI conviction on their record. One out of every seven. The courts are naturally hesitant to grant these requests without a strong showing from the individual seeking expungement for a DWI. After all, if every one of those drivers sought expungement for their DWI, the legal system would grind to a screeching halt.

DWI Expungement Consultation

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This isn’t to say that a person that asks “Can you get a DWI expunged?” can never obtain an expungement for a DWI or a DUI charge. Instead, it’s meant to emphasize how important it is that you get all your ducks in a row before approaching the court. If you file an expungement petition for a DWI and simply allege that you’re embarrassed to have this charge on your record, the court will undoubtedly deny your request. However, if you have evidence that this charge is preventing you from finding or maintaining employment, you have a much stronger argument.

Obtaining a DWI Expungement is Possible with the Right Attorney

For a brief period of time, it appeared as if DWI expungements were going to be impossible to obtain. However, the Court of Appeals rejected a lower court’s decision to treat DWI offenses differently from other misdemeanors and gross misdemeanors. In State v. J.E.H., the lower court reached several conclusions in opposition to the driver’s request for expungement of a DWI. First, it held that because DWIs are enhanceable for a period of ten years, it would be too burdensome to expect the agencies to seal these records. This argument was rightfully rejected by the Court of Appeals because the statute specifically allows government agencies to use sealed records for legitimate governmental purposes. And because there was no reason to believe that sealed records are somehow less reliable than traditionally-held records, the argument was without merit. Second, the lower court appeared to stand in as counsel for the state while arguing that alarming DWI statistics generally support a greater opposition to expungement of a DWI. This was also without merit as it didn’t have anything to do with this particular petitioner. Instead, it relies on generalities that would seem to deny all petitioners from seeking expungement of a DWI. In closing, the Court of Appeals noted that the legislature made clear the factors on which the courts are supposed to consider these requests. They are specifically listed in Minn. Stat. § 609A.03, subd. 5(c)(1-12):

1. he nature and severity of the underlying crime, the record of which would be sealed;
2. the risk, if any, the petitioner poses to individuals or society;
3. the length of time since the crime occurred;
4. the steps taken by the petitioner toward rehabilitation following the crime;
5. aggravating or mitigating factors relating to the underlying crime, including the petitioner’s level of participation and context and circumstances of the underlying crime;
6. the reasons for the DWI expungement, including the petitioner’s attempts to obtain employment, housing, or other necessities;
7. the petitioner’s criminal record;
8. the petitioner’s record of employment and community involvement;
9. the recommendations of interested law enforcement, prosecutorial, and corrections officials;
10. the recommendations of victims or whether victims of the underlying crime were minors;
11. 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 the DWI expungement of the record if granted; and
12. other factors deemed relevant by the court.

Supporting the 12 Factors Courts are Supposed to Consider DWI Requests

These twelve factors are supposed to form the basis for the court’s analysis. If, after weighing all these factors, the court finds that the petitioner has shown they will yield a benefit from DWI expungement that is at least equal to the public’s interest in maintaining the records, the court will grant the DWI expungement. Keep in mind that each of these steps must be supported in some way; whether through supporting affidavits or through other documentation, your claims must be supported in some way. This is why it is important to have an attorney who has successfully made these claims in the past. An effective lawyer doesn’t just craft a clever argument in court; they also assist you in obtaining all evidence necessary to support your request.

Get a DWI Expunged

Every call will be connected to an attorney. Call us today at (651) 829-3572 or click below to schedule a consultation.

SCHEDULE AN APPOINTMENT

Since Minnesota’s current expungement statute went into effect in 2015, the courts have generally shown hesitation to grant DWI expungements without significant showings from the petitioners. The attorneys at Leverson Budke, P.A. proudly count themselves among the attorneys who have successfully petitioned for DWI expungements under the current law. If you have experienced significant difficulties as a result of a prior DWI conviction, and you believe you have taken necessary steps towards rehabilitation, you owe it to yourself to contact one of our Minnesota DWI expungement attorneys to discuss your options.

The process for DWI expungement can be lengthy, sometimes taking up to four to six months. But that time frame will never get shorter. If you believe you might be eligible, there’s no reason to waste another day; contact us to get the process started. For a free consultation, and to learn whether you’re eligible to seek an expungement of a DWI, contact the Minnesota DWI expungement attorneys at Leverson Budke, P.A. today. We look forward to hearing from you.