What is Expungement; do I Qualify?
Okay, you made a mistake. You broke a law, you got caught, and you paid the price. But should this one mistake haunt you for the rest of your life? Should it appear on every job application? Should it appear on every application to rent an apartment? Should it prevent you from purchasing a firearm? Should it prevent you from obtaining a professional license? Should 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. But 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 should 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 provides that, “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 actually destroyed. Rather, for most, but not all, purposes, it is sealed and no one can see it. The 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 also 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 the process to seal 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.
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 in the past 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 for 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, avoiding 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 should 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, a result of his record, he was initially denied. Working against a tight registration deadline, Leverson Budke was able to successfully petition 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 Story
Like so many other underage violators, our client was charged with consuming alcohol as a minor in Hennepin County. You might think that would be a minor occurrence but you would be 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 might 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: Expungment Success
Our client had been charged with theft in Hennepin County. The charge severely hampered his ability to obtain a job in retail. We worked tirelessly to get his record expunged and he obtained a lucrative job while completing school.Multiple, substantial convictions expunged.
Status: Expunged Successfully
Leverson Budke’s client was convicted not only of assault but also two instances of disorderly conduct. He had turned his life around but faced severe difficulties due to his past 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 learend that she could not continue to work as a nurse for seven years. We stepped in and applied our extensive knowledge of Minnesota expungment 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, protecting her livelihood.Expungement of a third degree assault conviction saves job offer.
Status: Successful Expungement
Following conviction on a third degree assault charge in Rice County, our client was fortunate to receive a tentative job offer. But 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.
Frequently Asked Questions about MN Expungement
What crimes can be expunged?
Minnesota expungement laws extensively detail the crimes – from misdemeanors to minor felonies – that can be expunged. These include possession of a controlled substance; DUI, domestic abuse, petit misdemeanors, gross misdemeanors, and certain felonies. We can determine whether you qualify during our initial consultation to help you seal your criminal record.Can my DWI conviction be expunged?
Yes, the Minnesota expungement laws experts at Leverson Budke have successfully gotten many DWIs expunged. As criminal defense law experts we are experts in DWI litigation defense.Can domestic assaults be expunged?
Yes. Under current Minnesota expungement laws, domestic assaults can be expunged. However, as we explained above, Minnesota’s expungement laws require that in the petition for expungement we detail whether there are any current orders for protection, restraining orders, or other no contact orders prohibiting the petitioner from contacting the victim and whether there have ever been such orders. In addition, the Court will consider the impact of the domestic assault on the victim. We should also note that there are currently lobbying efforts to change Minnesota’s expungement law prevent the expungement of domestic assault convictions. At Leverson Budke we are monitoring these developments and can help you seal your criminal record once and for all.What facts can I provide you that will help my case?
Under Minnesota expungement laws a variety of factors are considered by the Court. Has the conviction or charge made it difficult or impossible to find employment? Has the conviction or charge made it difficult or impossible to find an apartment? How much time has passed since the offense? Has your record been “clean” since the conviction we are seeking to have expunged.? If appropriate, have you made restitution to anyone you harmed? At Leverson Budke, we have helped many clients successfully achieve their expungement goals so we know the questions to ask you that will help us create a compelling petition for expungement to seal your criminal record.How much does an expungement cost by Minnesota expungement laws?
As we stated earlier, your initial phone consultation with a Leverson Budke lawyer regarding any aspects of Minnesota expungement laws will be free. The court filing fee for an expungement application in Minnesota is generally $325, but this can vary by county. Leverson Budke will double check the fees in the county in which you need to file. If we determine that we can help you, we will transparently explain our expungement fee structure to seal your criminal record.How long must I wait after my conviction to apply for expungement?
Under Minnesota expungement laws, the length of time you must wait before seeking expungement varies depending on the nature and severity of the crime. For a minor misdemeanor, what Minnesota expungement laws call a petit misdemeanor, you must wait two years. For what Minnesota expungement laws call a “gross” misdemeanor, you must wait for four years. For those felonies specifically spelled out as being eligible for expungement under Minnesota expungement laws, you must wait five years. The dedicated lawyers at Leverson Budke are experts at criminal defense law as well as Minnesota expungement laws and will be able to determine the appropriate wait time for your situation to seal your criminal record. If a prior arrest or conviction is having a negative impact on your life let the Minnesota expungement laws experts at Leverson Budke if expungement is the answer for you. Remember, the initial consultation with one of our attorneys is free.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.