Expungement is a legal process that offers a fresh start when clearing one’s criminal record. Having a clean slate can significantly impact one’s life, whether for employment, housing, or personal well-being.
However, many people ask, “How long does expungement take?” In this comprehensive guide, we will explore the factors that influence the duration of the expungement process and provide insights into what to expect along the way.
Understanding Expungement: A Brief Overview
Expungement is a legal process in which certain convictions and arrests can be sealed from public records. This would mean that anybody or any organization that runs a background check on you will not have access to such records, which may harm your public image. Many people fail to realize that even when the charges are dropped and there is no actual conviction, arrest records are still accessible to the public. They may have similar effects as conviction records. However, all this information in your records is sealed through expungement, making it impossible for the public to access it. In this manner, you will not be blocked from accessing opportunities or some fundamental freedoms that a criminal conviction appearing on your public record could lead to. By engaging the services of expungement lawyers in MN, you can apply for and get your dream job if you qualify for it or buy or rent an apartment in that posh neighborhood you have always wanted if you can afford it. The benefits of expungement cannot be overstated, which is why you should secure the services of the top expungement attorney MN has to offer.
Factors Influencing The Timeline
The time expungement takes to complete the process varies based on several factors, including the jurisdiction, the nature of the offense, and the efficiency of the legal system.
Jurisdiction And Local Laws
One of the most significant factors impacting the time frame for expungement is the jurisdiction in which the process takes place.
Different states and counties within the same state can have varying laws and procedures for expungement. Some jurisdictions have streamlined processes, while others can have more complex requirements, leading to variations in the time taken.
Type Of Offense
The severity and nature of the offense on an individual’s criminal record also play a crucial role. Minor offenses or misdemeanors can have shorter waiting periods for expungement eligibility compared to more serious felonies.
Some jurisdictions can have restrictions on expunging certain types of offenses, such as violent crimes or sexual offenses, which could impact the time it takes.
Waiting Periods
Many jurisdictions impose waiting periods before an individual can apply for expungement.
The length of these waiting periods can vary widely. For example, some states can require a few years after completing the sentence, while others can have longer waiting periods. This waiting period is essential to demonstrate rehabilitation and a commitment to staying out of trouble.
Important MN Expungement Waiting Period Decision:
Let’s learn about this decision in detail here.
How Long Do I Have To Wait To Seek Expungement? We Finally Know The Answer!
We have already got the answer above. Now, let’s learn more about it.
New Expungement Waiting Period Listed In The New Minnesota Statute
The time you have to wait before petitioning the court for a Minnesota expungement generally depends on how your case was initially resolved. When you enter a guilty plea and resolve your case, you must wait before asking a judge to seal your criminal record. Minnesota Statutes Section 609A.02, subd. 3 lists the relevant Minnesota expungement waiting periods as follows:
(2) The petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication;
(3) The petitioner was convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime;
(4) The petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime; or
(5) The petitioner was convicted of or received a stayed sentence for a felony violation of an offense listed in paragraph (b), and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime.”
When the case was resolved in your favor, due to a continuance for dismissal, an acquittal, or prosecutor’s discretion, there is no MN expungement waiting period. You can wonder why you need a Minnesota expungement if the case was dismissed. For more on that, check out our blog post My charges were dismissed; why is it still showing up on my background check?
Free MN Expungement Consultation
When you need an MN expungement, call us at (651) 829-3572 today or click below to schedule an appointment
(651) 829-3572 today or click below to schedule an appointment
The language in this statute has been the subject of a lot of confusion. What does the “discharge of the sentence of the crime” mean? The short answer: it’s generally when you were discharged from probation. In Minnesota, most cases result in some form of probation. The date you’re discharged from probation is the date that triggers the MN expungement waiting period.
For example, when you are convicted of a misdemeanor and placed on probation for one year, you must complete your one year of probation, remain crime-free for two additional years, and then you can ask the court to seal your criminal record. This doesn’t change just because the judge sentences you to some amount of actual jail time.
Using the above example, imagine the judge not only sentenced you to one year of probation but also ordered you to serve ten days in jail, the discharge from probation is still the date that matters. Some people mistakenly believe that they can file a petition two years after they completed their short jail time. Yet that just isn’t the case if you are placed on probation.
Some Minnesotans are discharged early from probation due to good behavior. Imagine this scenario: you were convicted of a gross misdemeanor in 2010. You are sentenced to four years of probation. This means you would normally be discharged from probation in 2014, making you eligible for expungement in 2018. Still, when you were discharged from probation after only two years, your Minnesota expungement waiting period would begin in 2012, making you eligible to apply for Minnesota expungement in 2016. Simply put, the date that you are officially discharged from probation is the date that triggers the MN expungement waiting period.
So, where does that leave us? Well, since Minnesota’s Second Chance Law went into effect in 2015, attorneys and judges have questioned what the legislature meant by the requirement that the Petitioner not be “convicted of a new crime for at least [relevant MN expungement waiting period] since discharge of the sentence for the crime.” All cards on the table, the attorneys at Leverson Budke never found any confusion in that language.
Yet that particular phrasing has resulted in some unfortunate orders. Courts have struggled to determine whether an individual must remain crime-free for the requisite amount of time immediately preceding the petition or immediately following the discharge from probation. Imagine an individual convicted of a misdemeanor in 1999 and placed on probation until 2000.
They were convicted of a new crime in 2001, but they don’t have any other criminal record after that. Can they expunge the 1999 conviction? After all, they were convicted of a new offense within the two years following the discharge from probation. Still, they’ve been law-abiding for over two years before filing their Minnesota expungement petition. Which interpretation is correct?
In May 2017, the Minnesota Court of Appeals addressed this issue in State v. C.E.S. In that case, C.E.S. sought expungement of a 1998 gross misdemeanor offense. She was placed on probation until 2000. One month after being discharged from probation, she was charged with a new offense.
This is because within the four years immediately following her discharge from probation, the district court held that she was barred from seeking expungement of that file. The court of appeals unfortunately affirmed this decision. When you’ve made it this far, DON’T PANIC; THIS IS NOT THE CURRENT LAW.
This decision was unpublished. Unpublished opinions are persuasive, but they are not binding on future courts. That being said, unpublished cases are frequently relied upon by district courts and other courts of appeal. So this decision, troubling as it was, had to be revisited. And, thankfully, it was.
Call Us Today
When you need a Minnesota expungement, call us at (651) 829-3572 today or click below to schedule an appointment
(651) 829-3572 today or click below to schedule an appointment
In January 2018, the Minnesota Court of Appeals issued a binding, published opinion in State v. C.W.N. In that case, the Bureau of Criminal Apprehension objected to an expungement request for a similar reason to the one found in State v. C.E.S. The court of appeals took more care with this decision and looked at the plain language of the statute.
In reaching their decision, they applied a dictionary definition to the word “since.” Recognizing the word as an adverb, they held that the time period immediately preceding the filing date is what matters. In a moment of shining clarity, the court of appeals stated:
To be eligible for expungement of executive-branch records of a petty misdemeanor or misdemeanor conviction under Minn. Stat. § 609A.02, subd. 3(a)(3) (2016), a petitioner must not have been convicted of a new crime for at least two years immediately preceding the filing of an expungement petition.
To be eligible for expungement of executive branch records a gross misdemeanor conviction under Minn. Stat. § 609A.02, subd. 3(a)(4) (2016), a petitioner must not have been convicted of a new crime for at least four years immediately preceding the filing of an expungement petition.
This makes it clear that even when you were charged with multiple crimes in a short period of time, you can seek expungement as long as you were crime-free for at least one to five years, depending on the sentence, in the time period immediately preceding the petition.
Minnesota Expungement Moving Forward
As you can see, the laws surrounding expungement aren’t so clear. After all, Minnesota courts spent over two years figuring out the relevant MN expungement waiting period. This must highlight the necessity of hiring an attorney when seeking expungement. When people call us, we always say the same thing:
Getting an expungement requires you to convince the court of two things: (1) Why is the court allowed to grant this expungement, and (2) why must the court want to grant this expungement?
You can have a compelling story. You cannot convince the court that you deserve this extraordinary remedy. Still, that will all be for naught if no one can explain what authority the court has to rule in your favor. This point is made abundantly clear in the C.E.S. case we discussed earlier. C.E.S. did not have an attorney, but she had a compelling story. The appeals court even said, “[w]e commend C.E.S’s efforts to turn around her life and serve her community.” Yet she still lost.
A good Minnesota expungement lawyer is someone the court can trust. No judge can know everything about every area of law. That’s where lawyers come in. When the attorneys at Leverson Budke walk into the courtroom, judges know that the arguments about to be presented accurately reflect the current state of the law. We’ve even witnessed prosecutors making completely inaccurate statements in court. Fortunately, we were there to explain why they were incorrect.
For example, we’ve had prosecutors object to a DWI expungement request because of a mistaken belief that DWIs are ineligible for expungement. That is not true and the argument was specifically rejected by the Minnesota Court of Appeals in State v. J.E.H. We’ve seen prosecutors argue against a domestic assault expungement request by saying that the statute doesn’t allow it.
The statute they’re referring to, however, clearly states that it expires on June 15, 2015. And we’ve seen people argue that the law prohibits the court from sealing a conviction for indecent exposure. That is also not correct. The statute says that expungement is prohibited in offenses “for which registration is required.” Misdemeanor indecent exposure does not require registration, so that argument was a misstatement of the law as well.
Don’t let these issues consume your day in court. The focus must be on you. It must be about what you’ve done and how you’d benefit from this. A good expungement attorney must make the court feel confident in the law so that the focus can be on you.
In some situations, we can even obtain an expungement without a hearing. Minnesota Statutes Section 609A.025 instructs courts to grant an expungement when the prosecutor agrees. For this reason, it’s important to hire an attorney who is not only well-versed in expungement law but who also maintains excellent working relationships with attorneys for the state of Minnesota.
Expungement Burdens Of Proof In MN
So, you’ve waited the required amount of time with Minnesota’s expungement waiting period and decided to hire an attorney. The next thing everyone wants to know is whether there is a good chance they’ll be successful. We tell everyone the same thing; we don’t know. Any attorney who tells you that they know, with any certainty, how your case will turn out is both lying to you and acting highly unethical.
Despite the new law, Minnesota courts have still described expungement as “an extraordinary remedy.” When you were convicted of the offense, you have the burden of proving that there is clear and convincing evidence that expungement will yield a benefit to you that is at least equal to the public’s interest in maintaining the record. Understand that the public is interested in maintaining full records. That means your burden is high.
However, when your case was resolved in your favor, or when you completed the terms of a stay of adjudication or diversion program, the state has the burden of proof. Before a court can deny you an expungement request in those situations, it must find that the public’s interest in maintaining your records substantially outweighs any benefit you would yield by having the record sealed.
It’s important to hire an attorney who knows to remind the court of this significant burden shift. After all, what interest does the state have in maintaining a dismissed charge? Compare that to the benefit of having a derogatory reference from your background check. That is a tough burden for the state to meet. Don’t let the state get away with burdening you in those situations.
The expungement process can be long. And it can be difficult to navigate. Don’t make the mistake of going it alone. And don’t make the mistake of hiring someone who is ill-informed on the subject. Contact the attorneys at Leverson Budke today to discuss your case. We’re happy to help you get your life back on track.
The Minnesota Expungement Process: Step By Step
In the state of Minnesota, criminal records start at the point of arrest and are not wholly dependent on the outcome of the court case or on whether or not charges are dropped. Therefore, once you get arrested, that goes on your record and will be visible in your records to anyone who runs a background check on you. It is, therefore, imperative that you secure the services of one of the most experienced expungement lawyers Minneapolis has to offer. An expungement lawyer will be thorough in both their case and their investigation. Expungement laws in Minnesota are particularly complex because you have to prove to the court that it is not in the best interest of the public to keep your arrest and conviction records in your public records. To ensure that you achieve this, you must take note to get the representation from a knowledgeable and experienced expungement attorney MN can provide.
It is important to note that not all arrest and conviction records can be expunged from your records. If you were either arrested or convicted of driving under the influence or for sexual offenses, it is important to note that expungement may not be entirely possible. However, with the help of a good expungement lawyer (Minneapolis), you can get your records cleared of most of the less serious crimes. If your arrests and conviction records have been hindering you from making much progress in life and denying you access to important opportunities, it is about time you considered approaching an MN-based expungement attorney. The following are the steps that are followed in the expungement process to clear your records and allow you to live a full life. It is especially easier to get your arrest and conviction records sealed if it has been two years or more since the arrest or conviction was made.
1. Step One
Contact the court in the county, region, or state within which the arrest or conviction was made and obtain a copy of your criminal records. This can be done with the help of some of the top expungement attorneys MN has to offer. This will show the arrests and convictions that have been reflected in your public record, helping you determine which you would like to pursue expungement on.
2. Step Two
Contact the most dedicated expungement attorney MN has to offer and seek their counsel on which is the best way to proceed. Of each expungement attorney MN residents have to choose from, Leverson Budke will stand out from the crowd for their vast knowledge and experience in expungement cases throughout their illustrious career. Leverson Budke will help you review your criminal history and determine the best way to proceed with your expungement case.
3. Step Three
The third step involves taking measures to obtain the right paperwork to request an expungement. Your lawyer, Leverson Budke, will take charge of this process and ensure that you have the right paperwork before proceeding to the next step.
4. Step Four
Once the right paperwork has been obtained, you will be required to organize your data in a manner that you will be able to provide it when required. This includes such data as the time and date in which you were arrested or convicted, the place where this took place, and the type of crime that you were so arrested or convicted for. Include in this data any other information relating to your criminal history, even crimes for which you were never arrested or convicted. Any other names that you have ever identified yourself with and contact information must also be recorded. Specify the cases which ended in a no-contact order.
5. Step Five
Make a clear determination as to why you are seeking a Minnesota expungement. Take note that this reason must be sincere and reasonable enough to convince the judge, as it will be reviewed, and you will be asked to take the stand to make your case. Create a list of reasons why you think you deserve to be expunged, and make sure that they are legitimate, logical, and reasonable reasons.
6. Step Six
Take note that at some point, you will be asked to identify the victims of your crimes. Keep this information in proximity and give it in as much detail as you can for a speedier process.
7. Step Seven
You will be expected to convince the judge that you have taken measures to change your life since you were arrested or convicted. It is important to show that you have kept a clean record and taken charge of your life since then. Evidence of employment, involvement in social and communal activities, and any other self-improvement measures would help make your case better.
8. Step Eight
You can proceed to court once you and your attorney are convinced that you have developed a watertight case. Your hearing date will be set, and you can present your petition then. Since the petition must be mailed at least sixty-three days before the actual hearing, most expungement lawyers MN citizens get to work with will advise that the hearing is set for seventy days to have you have finished compiling your petition.
9. Step Nine
Finally, once all these steps have been followed, your petition will then get notarized and copied.
Managing Expectations: Patience Is Key
Considering the various factors that influence the expungement timeline, it’s essential to manage expectations. In some cases, the process can be completed within a few months, while in others, it could take a year or more.
To expedite the process as much as possible, it’s recommended to consult with an experienced attorney who specializes in expungement cases. They can guide you through the process, help you understand the local laws, and ensure that all required documents are prepared correctly and submitted on time.
Conclusion
Clearing a criminal record through expungement offers individuals the opportunity for a fresh start and a chance to rebuild their lives.
However, the timeline for this process can vary significantly based on jurisdiction, offense type, waiting periods, and other factors. It’s crucial to be patient and work closely with legal professionals to navigate the complexities of the expungement process.
So, when you’re wondering “how long does expungement take,” remember that while the road can have its twists and turns, the potential benefits of a clean slate are well worth the effort. Please do not hesitate to contact an experienced attorney at Leverson Budke today for a free consultation about criminal expungement.
