A criminal record can be a significant obstacle in many aspects of life. It can negatively impact your ability to find employment, housing, and educational opportunities, among other things. When you want to clear your record, you may have wondered, “What crimes can be expunged?” Expungement is the process by which a criminal record is legally sealed, allowing the individual to move forward without the burden of a criminal past. In this article, we will explore what crimes can be expunged and how the Minnesota expungement laws works.
What Is Expungement; Do I Qualify?
Okay, you made a mistake. You broke the law, you got caught, and you paid the price. Yet must this one mistake haunt you for the rest of your life? Must it appear on every job application? Must it appear on every application to rent an apartment? Must it prevent you from purchasing a firearm? Must it prevent you from obtaining a professional license? Must it ruin you for life? No! Minnesota’s expungement laws are there to help you seal your criminal record and make sure that this doesn’t have to happen, and we at Leverson Budke are here to make sure that Minnesota expungement laws will work for you.
Still, what exactly is expungement? Simply put, expungement is the process by which the legal record of an arrest or a criminal conviction is “sealed” from view (but not destroyed). Expungement is the process by which you can seal your criminal record. However, it must not be confused with a pardon, which can only be granted by Minnesota’s governor (or by the President of the United States for federal crimes).
Minnesota expungement laws are contained in Minnesota Statutes, section 609A. The statute states, “The remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.” Simply put, this means that the criminal record is not destroyed. Instead, for most, but not all, purposes, it is sealed, and no one can see it.
Minnesota expungement laws allow expungement for a wide array of offenses. A few examples include possession of a controlled substance, DUI, domestic abuse, petit misdemeanors, gross misdemeanors, and certain felonies. The Minnesota expungement laws also determine how much time needs to have passed since the conviction or charge and require that the person seeking expungement has not been convicted of any other crimes during this time. We can determine if you meet all these requirements.
Some offenses cannot be expunged, such as murder, kidnapping, and various kinds of sexual misconduct. The experts at Leverson Budke can quickly determine whether your offense qualifies for expungement to seal your criminal record under Minnesota expungement laws.
In some cases, the prosecutor can agree to expungement under Minnesota’s expungement laws. However, in most cases a petition is required. The contents of the petition can be quite complicated and that is where our experts come in.
Some of these contents include: why the expungement is sought, for example, if it is for employment or licensure purposes; all the details of the offense or arrest for which expungement is sought; the names of the victims (if there are any identifiable victims); whether there are any current orders for protection, restraining orders, or other no contact orders prohibiting the petitioner from contacting the victims; whether there have ever been such orders; the steps the petitioner has taken since the time of the offense toward his or her rehabilitation, including treatment, work, or anything else that can be shown to show rehabilitation; a list of all other criminal convictions, including those in any other state, federal court, or foreign country, whether the convictions occurred before or after the arrest or conviction for which expungement is sought; a record showing all prior and pending criminal charges against the petitioner; and all prior requests for expungement.
Minnesota’s expungement laws require that within 60 days of the filing of the petition, a hearing must be held before a judge. Once again, the experts at Leverson Budke will be with you at this step in the proceedings and begin sealing your criminal record.
DWI Expungement Consultation
Every call will be connected to an experienced expungement attorney. Call us today at (651) 829-3572 or click below to schedule a consultation.
[offer_button]
What Crimes Can Be Expunged?
The types of crimes that can be expunged vary depending on the jurisdiction where the crime occurred. Generally, expungement is more likely to be available for less severe crimes or first-time offenses. It is important to note that not all crimes can be expunged, and the process is often subject to strict eligibility criteria. Here are some common categories of crimes that can be eligible for expungement:
Misdemeanors: These are typically less severe crimes, such as petty theft or disorderly conduct. Misdemeanors often have a higher chance of being expunged compared to more severe crimes, particularly if they are first-time offenses.
Nonviolent Felonies: Certain nonviolent felony offenses, such as fraud or drug possession, can be eligible for expungement, depending on the jurisdiction and the specific circumstances of the case. First-time offenders with nonviolent felonies typically have a better chance at expungement.
Juvenile Offenses: Many jurisdictions allow for the expungement of juvenile records once the individual reaches a certain age or has demonstrated good behavior. This can help young people with a criminal past to start fresh and avoid the lifelong consequences of a criminal record.
Arrests Not Resulting In Convictions: In some cases, an arrest that did not result in a conviction can be expunged. This can be particularly helpful for individuals who were falsely accused or had charges dropped.
Successfully Completed Diversion Programs: Some jurisdictions can allow for expungement if the offender completes a diversion program, such as drug treatment or counseling. This is meant to encourage rehabilitation and give individuals a second chance.
It’s essential to research the specific laws and guidelines in your jurisdiction to understand what crimes can be expunged and the eligibility requirements. Remember that even when a crime is eligible for expungement, there is no guarantee that a court will grant the expungement request.
Our List Of Crimes That Can Be Expunged In Minnesota
What crimes can be expunged from your record in Minnesota? Low-level felonies, gross misdemeanors, and misdemeanors. The full list of expungement-eligible offenses is located in Minn. Stat. § 609A.02(3). They include:
- Altering a certificate for livestock
- Violating certain insurance regulations
- Title fraud
- Fifth degree felony possession/sale of a controlled substance
- Sale of a simulated (fake) drug
- False certificate of title
- A motor vehicle accident resulting in great bodily harm
- Violation of voting laws
- Promulgating a false bill of lading
- Filing a false application for public assistance
- Willful evasion of the state fuel tax
- failure to affix stamp on scheduled substances
- Unlawful acts involving liquor or the liquor tax
- Violation of laws applying to precious metal dealers
- Violation of laws applying to prize solicitations
- Violation of laws applying to regulated animal control
- Violation of gambling regulations
- Contempt of court
- Coercion
- Leaving Minnesota to avoid establishment of paternity
- Escape from civil commitment for mental illness
- Failure to appear in court
- Theft of $5,000 or less
- Theft of $1,000 or less with risk of bodily harm
- Bringing stolen goods into state
- Receiving stolen goods if you are a metal dealer
- Illegal use of scanner
- Passing counterfeit checks
- Mail theft
- Receiving stolen goods
- Writing a dishonored check over $500
- embezzlement of public funds $2,500 or less
- Farm theft (livestock)
- Arson
- Negligent fires
- Criminal damage to property
- Assaulting/harming police horse
- Forgery crimes (check statute for details on what crimes can be expunged in MN)
- Making fraudulent statements
- False certification by a notary
- Lottery fraud
- Violations of laws related to possessing a false driver’s license
- Illegal discharge of firearm or silencer
- Furnishing a firearm to minor
- Breach of a duty to render aid
- Tampering with a fire alarm
- Invasion of piracy
- Interference with cable communications system
- Financial transaction card fraud
- Residential mortgage fraud
- Bribery of participant or official in contest
- Interference with transit officer
- Telecommunications and information services fraud
- Computer theft
- Cell Phone service fraud
- Cell Phone hacking
- Counterfeited intellectual property
- Movie pirating
- Transfer pistol to minor
- Pistol without permit Subsequent firearm violation
- Transfer of pistol to ineligible person
- Possession of a rifle or shotgun in public by minor
- Juvenile prosecuted as an adult
The Expungement Process
The process of expunging a criminal record varies by jurisdiction but typically involves the following steps:
Determining Eligibility: Research the laws in your jurisdiction to determine what crimes can be expunged and whether you meet the eligibility criteria. This can involve reviewing court records or consulting with an attorney.
Filing A Petition: When you are eligible for expungement, you must file a petition with the court that initially handled your case. This usually involves completing the necessary forms, providing documentation, and paying any associated fees.
Court Review: The court will review your petition and determine whether to grant or deny your request for expungement. The court can consider factors such as the severity of the crime, the time elapsed since the offense, and your behavior since the conviction.
Expungement Order: When the court grants your petition, it will issue an expungement order, which will effectively erase or seal your criminal record. In some cases, this can involve notifying relevant agencies, such as law enforcement and background check companies, of the expungement.
Our Expungement Success Stories
At Leverson Budke, our comprehensive knowledge of Minnesota expungement laws, combined with our extensive experience and our belief that everyone deserves a second chance, has resulted in a multitude of success stories in a variety of situations. Here are a few:
Expungement Of A Selling Tobacco To A Minor Conviction.
Status: Expungement Success
As a result of her actions, our client faced obstacles in her post-graduate studies. Calling upon Leverson Budke’s expertise in Minnesota expungement laws, we were able to successfully negotiate an agreement with the prosecutor and have the offense sealed without a hearing in a Dakota County court.
Decade-Old Domestic Assault Expunged.
Status: Removed From Criminal Record
Convictions can continue to haunt a person for a long time. Our client had been convicted of domestic assault ten years ago when he came to Leverson Budke for legal help. We proved to a Dakota County Judge that he had done what was necessary to rehabilitate himself and had not committed any other offenses for a decade. Working with the Court, the prosecutor, and the victim, we succeeded in having the record sealed.
Multiple Drug Charges In Three Counties Expunged.
Status: Successfully Expunged From Criminal Record
Although our client’s drug charges were fifteen years old, the charges were hindering his ability to obtain employment. Our client had struggled with drugs in the past but had maintained a clean record. Working diligently on his behalf, Leverson Budke convinced Judges in three counties to seal his record under Minnesota’s expungement laws.
Expungement Of A Wrongful Charge.
Status: Cleared From Criminal Record
It seems unfair, but even where a jury has acquitted someone accused of a serious felony of all charges, these charges can remain on the individual’s record and prevent him from getting a job or renting housing. Luckily, he came to Leverson Budke, and we aggressively fought to have the Dakota County attorney’s office agree to seal the matter immediately to avoid a lengthy period of uncertainty.
Another Domestic Assault Conviction Expunged.
Status: Successful Expungement
Confronted with another domestic assault conviction, this time in Ramsey County, Leverson Budke filed an expungement petition, arguing that our client had taken the proper steps to rehabilitate himself. The prosecuting attorney vigorously objected, but we fought tirelessly on behalf of our client and convinced the judge that our client must have his charges expunged.
Expungement Of The Record In A Marijuana Case.
Status: Expunged Successfully
Even though our client’s case was dismissed, he worried that the charges for possessing a small amount of marijuana and drug paraphernalia would hurt his ability to find future employment. Fighting hard for our client, Leverson Budke convinced a Hennepin County Judge that Minnesota expungement laws required that our client’s record be expunged.
A Charge Of Indecent Exposure Expunged.
Status: Expungement Success
As you can imagine, a charge of indecent exposure can have a devastating effect on an individual’s chances of obtaining employment. Our client had completed treatment and demonstrated for more than a decade that he was no longer a threat to society, but he still struggled to find employment. Leverson Budke filed an expungement petition, but the prosecutor argued that indecent exposure was ineligible for expungement under the Minnesota expungement laws. We forcefully argued otherwise and convinced the Judge that our analysis was the correct one. We won! Our client was successfully employed in his field within two months.
Wiped A Wrongful Arrest Off The Books.
Status: Successful Expungement
What can be more unfair than being arrested for a crime you didn’t commit? After being arrested in Ramsey County and suffering the indignity of spending three nights in jail and being fingerprinted, this poorly treated victim of the criminal justice system came to Leverson Budke for help. We worked with the Bureau of Criminal Apprehension to have his fingerprints and other booking materials returned to him so that no record of the arrest could be found.
Student Allowed To Study Abroad After Expungement.
Status: Successfully Expunged
Our client, a student, had been charged with disorderly conduct in Nicollet County. He sought an international student visa, but due to his record, he was initially denied. Working against a tight registration deadline, Leverson Budke successfully petitioned for expungement under Minnesota’s expungement laws in time to allow him to embark on a two-year study abroad program.
Expungement Of A Youthful Alcohol Violation.
Status: Expungement Success
Like so many other underage violators, our client was charged with consuming alcohol as a minor in Hennepin County. You can think that would be a minor occurrence, but you are wrong. The violation could have prevented our client from being accepted to medical school. (Law school applicants face similar issues.) We successfully petitioned for expungement, and our client is now a resident in a prestigious oncology program.
School Teacher’s Theft Charges Expunged.
Status: Successful Expungement
Our client, a school teacher, was charged with theft. As a result, as you can imagine, she faced difficulties obtaining employment in her field. Leverson Burde worked with the Dakota County Prosecutor and the Court to successfully seal the matter without requiring a hearing.
Expungement Of A Theft Charge.
Status: Expungement Success
Our client had been charged with theft in Hennepin County. The charge severely hampered his ability to obtain a retail job. We worked tirelessly to get his record expunged, and he received a lucrative career while completing school.
Multiple, Substantial Convictions Expunged.
Status: Expunged Successfully
Leverson Budke’s client was convicted not only of assault but also of two instances of disorderly conduct. He had turned his life around but faced severe difficulties due to his record. We believed he deserved a second chance and worked very hard with the Dakota County Prosecutor, who ultimately agreed, and the files were expunged.
Female Client’s Domestic Assault Expunged.
Status: Sealed Criminal Record
Despite stereotypes, not everyone charged with or convicted of domestic assault is male. Leverdson Budke’s client had been charged with domestic assault in Ramsey County. She thought she had secured a good deal, but then learned that she could not continue to work as a nurse for seven years. We stepped in and applied our extensive knowledge of Minnesota expungement laws. We were successful and she was able to apply to the Minnesota Department of Human Services to continue to work.
Expungement Of A Disorderly Conduct Charge.
Status: Successfully Expunged
As we explained earlier, a criminal charge or conviction can interfere with obtaining or keeping a professional license. In this client’s case, a disorderly conduct charge in Dakota County put her career as an insurance agent in jeopardy. We negotiated with the original prosecutor, and her file was sealed to protect her livelihood.
Expungement Of A Third Degree Assault Conviction Saves Job Offer.
Status: Successful Expungement
Following his conviction on a third-degree assault charge in Rice County, our client was fortunate to receive a tentative job offer. However, the employer said he would only be given the job if he got the conviction expunged. Despite the severe charge, we demonstrated that the client had been rehabilitated, and the Court agreed to expunge under Minnesota expungement laws.
DWI Expungement Consultation
Every call will be connected to an experienced expungement attorney. Call us today at (651) 829-3572 or click below to schedule a consultation.
[offer_button]
Frequently Asked Questions About MN Expungement
1. What Crimes Can Be Expunged?
In Minnesota, certain misdemeanors, gross misdemeanors, and some felonies can be expunged. Expungement eligibility mainly depends on the crime’s severity and the individual’s rehabilitation. Crimes like theft, drug offenses, and some non-violent felonies are often eligible for expungement.
2. Can My DWI Conviction Be Expunged?
Yes, the Minnesota expungement laws experts at Leverson Budke have successfully gotten many DWIs expunged. Still, it depends on the specifics of your case. Generally, first-time offenders with non-felony DWI convictions can be eligible. Consult with a legal expert to understand your eligibility.
3. Can Domestic Assaults Be Expunged?
Yes. In Minnesota, expunging domestic assault convictions is challenging. Generally, these offenses are not eligible for expungement due to their serious nature. However, specific circumstances can vary, so consulting a legal expert is crucial to understanding your options and eligibility.
4. What Facts Can I Provide You That Will Help My Case?
Under Minnesota expungement laws a variety of factors are considered by the Court. For expungement in Minnesota, share details about your offense, rehabilitation efforts, time since conviction, and any additional charges. Providing this information helps legal experts evaluate your eligibility.
5. How Much Does An Expungement Cost By Minnesota Expungement Laws?
Your initial phone consultation with a Leverson Budke lawyer regarding any aspects of Minnesota expungement laws will be free. In Minnesota, expungement costs can vary. Court filing fees range from $300 to $400, and attorney fees add extra costs. You must check with the court and legal experts.
6. How Long Must I Wait After My Conviction To Apply For Expungement?
In Minnesota, the waiting period varies. For misdemeanors, wait two years after completing your sentence. For gross misdemeanors, wait four years. For felonies, wait five years. These periods begin after completing all probation requirements. Always consult legal advice for specific cases.
Conclusion
Understanding what crimes can be expunged and going through the expungement process can be complex and daunting. However, clearing your record can significantly improve your quality of life by opening up new opportunities and allowing you to move forward without the burden of a criminal past.
It’s essential to thoroughly research your jurisdiction’s laws and guidelines regarding expungement and consult a knowledgeable attorney if necessary. While not all crimes can be expunged, many people with less severe offenses, first-time offenses, or those who have demonstrated a commitment to rehabilitation can be eligible for this life-changing opportunity.
Remember, even when your crime is eligible for expungement, it is not a guarantee that your request will be granted. It’s crucial to approach the process with diligence, patience, and perseverance. Seeking the guidance of a legal professional can also be immensely helpful in navigating the complexities of expungement and maximizing your chances of success.
Ultimately, clearing your record and understanding what crimes can be expunged is an essential step towards reclaiming your life and building a brighter future. Don’t let your past define you – take the necessary steps to explore your expungement options and seize the opportunity for a fresh start.
