When you’ve been accused of a crime, you know the consequences can last long after the case is closed. Even years later, finding a job, getting a student loan, or securing housing can be difficult. Fortunately, Minnesota’s new expungement law offers a second chance for people who want to move forward. Learn everything you need to know about Minnesota’s new expungement law here.
Minnesota’s new expungement law lets people seal their criminal records after waiting a certain time, based on the crime and its outcome. This helps them find jobs, housing, and loans by hiding the records. It’s a way for Minnesotans to get a fresh start and move past their old mistakes.
How The Expungement Law Works
Minnesota’s expungement law helps by sealing criminal records from the courts, law enforcement agencies, and prosecutors. Your past charges won’t be visible in background checks, improving your chances of securing employment or housing. However, not everyone qualifies right away. There are waiting periods depending on the outcome of your case and the type of crime involved.
Eligibility And Waiting Periods
Eligibility and waiting periods for expungement in Minnesota depend on the type of crime and outcome. Some people can request expungement immediately, while others must wait years. Understanding who qualifies and how long you have to wait is essential before you can start sealing your criminal record.
1. Dismissed Charges
When your charge was dismissed, and you didn’t plead guilty, you can immediately ask for expungement. This means the court will consider sealing your record immediately without making you wait. Sealing the record can help you move on from the charge and avoid problems when applying for jobs, housing, or loans.
2. Diversion Programs
When you complete a diversion program or stay of adjudication, you must wait one year after your probation ends before asking for expungement. This waiting period allows you to show you’ve followed the court’s requirements. After the year ends, you can ask the court to seal your record, which helps you get jobs, housing, or loans.
3. Misdemeanors
When you were convicted of a misdemeanor, you must wait two years after your probation ends to ask for expungement. During this time, you need to stay out of legal trouble. After two years, you can request the court to seal your record, which can help you get better chances for jobs, housing, or loans.
4. Gross Misdemeanors
When you were convicted of a gross misdemeanor, you must wait four years after your probation ends before asking for expungement. This means you need to wait a longer time compared to misdemeanors. Once the four years are over, you can request to have your record sealed, which helps improve your chances for jobs, housing, and loans.
5. Felonies
When you were convicted of a felony, you must wait five years after your probation ends before asking for expungement. Also, the felony must be one of the 50 specific crimes listed in the law. After waiting the required time, you can request to have your record sealed, which can help you find jobs, housing, and loans.
How To Request Expungement
When your case falls into these categories, you can ask the court to seal your record. Still, when your case falls into categories 3, 4, or 5, you must prove to the court that an expungement would yield a benefit to you that is at least equal to the public’s interest in keeping the charge on your record.
Suppose your case falls into categories 1 or 2. In that case, the state has the burden of proving that the government’s interest in maintaining your record is so great that it exceeds any benefit you would derive from an expungement. This is a high burden, and the state sometimes doesn’t even try. In fact, in some cases, the prosecutor will agree to the Minnesota expungement and no petition needs to be filed.
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Benefits Of Expungement
The benefits of expungement are significant. A sealed record can open doors that were once closed. It improves job prospects, access to housing, and the ability to apply for student loans or other forms of credit. Your past won’t show up on background checks, giving you a better chance at rebuilding your life.
FAQs
1. Who Qualifies For Expungement Under Minnesota’s New Law?
People get an expungement if their charges were dismissed, they finished a diversion program, or were convicted of crimes like misdemeanors or felonies. Each has a waiting period: no wait for dismissed charges, 1 year for diversion programs, and up to 5 years for felonies before records are sealed.
2. How Long Do I Have To Wait For Expungement?
The waiting time for expungement depends on your case. There’s no wait if charges were dismissed. For diversion programs, it’s one year. Misdemeanors require a two-year wait, gross misdemeanors four years, and certain felonies have a five-year waiting period before you can seal your record.
3. What Happens After My Record Is Expunged?
Once your record is expunged, it’s sealed from public view. This means most background checks won’t show it. This helps improve your chances of finding jobs, housing, or getting loans. This is because the expunged charge or conviction is no longer visible to employers, landlords, or lenders.
Conclusion
Minnesota’s new expungement law is a powerful tool for individuals looking to move beyond their criminal past. While the process requires patience and, in some cases, court approval, the benefits are well worth the effort. Expungement can offer a fresh start by removing the barriers created by a criminal record. When considering this option, it’s essential to understand the waiting periods, eligibility criteria, and the steps involved to ensure the best possible outcome.
Contacting a legal expert can help you explore whether you’re eligible for expungement or learn more about the process. The attorneys at Leverson Budke, PLLC, have helped many achieve their goal of putting their criminal records behind them. If you would like to learn more about sealing your criminal record, please contact our office for a free, no-obligation consultation.
