If you have been convicted or charged with a crime, you have a criminal record. A criminal record is defined as a “list of a person’s previous criminal convictions.” However, like many states, Minnesota makes some arrest accounts part of your official criminal record. Many people with a criminal record are unaware of how this can negatively impact your future and what crimes can be expunged in MN. If you have a criminal record, it can interfere with almost every aspect of your life:
- Employers may use a conviction to deny you a job.
- Federal agencies and banks can deny you home and student loans.
- Child custody rights can be limited.
- The government can deny you a green card or naturalization.
- Courts may use a prior conviction to increase penalties, including jail time and fines.
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
For more information about what crimes can be expunged in MN, contact Leverson Budke a Minnesota Expungement lawyer.
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Who can see expunged records?
An expungement order requires the state courts to seal a person’s criminal records. The records are not destroyed. These sealed records can be seen by law enforcement during investigations, by local departments who are evaluating people for a law enforcement job, and by the Department of Human Services. Minnesoa expungement law also permits prosecutors, law enforcement, or corrections authorities to request that the records be unsealed. In addition, expungement only covers records held by state courts. If the federal government has records pertaining to your criminal record, they may be viewable by federal agencies. If you are being investigated for a different crime or are going through a criminal background check, the court can open the records. Our list of “what crimes can be expunged in MN” does not include federal charges.
Can I get my record expunged for free?
When people research what crimes can be expunged in Minnesota, they are often concerned about the cost of hiring a MN expungement attorney. You can get your criminal record expunged for no cost if the case against you was dismissed. This applies to people who were not convicted, did not plead guilty, were not found guilty by a jury, or those who were formally exonerated pursuant to Minn. Stat. § 590.11.In other words, if the case ended in your favor, you can file a petition for a statutory expungement for free. To be clear, this only applies in cases where records show an arrest but no conviction. The vast majority of people will have to pay a filing fee of around $325.00. The fees may vary by county. An expungement attorney will verify the filing fee for your particular case. People below a certain income may qualify for a fee waiver, but they will have to produce evidence demonstrating their financial condition. If you have a Minnesota charge or conviction, consulting with a lawyer about what crimes can be expunged in MN is essential.
How to check if your record has been expunged
If your charges are on our list of the crimes can be expunged in Minnesota and you successfully expunge your criminal record, there are many websites online that can perform a background check to verify that your criminal record has been succesfully expunged. After the court grants the expungement and seals your MN records, the court will update all of their records, including their electronic databases. This means sites like Experian.com, Intelius.com, and PeopleFinder.com will no longer reflect your conviction. Minnesota courts usually take about 48 hours to fully update their records. The MN Department of Justice, which also tracks Minnesota state convictions, will also update their database. Federal agencies take between 30 to 60 days to fully purge the arrest records in their systems.
Do expunged records show up on background checks?
If your records are expunged, this means they are sealed. The purpose of expungement in Minnesota is to make sure the sealed records are no longer reported on any standard MN background check. There is not a public, searchable criminal records check that covers every county in America. The FBI has a criminal database, known as the NCIC, but it can only be accessed by criminal justice agencies. As a result, when national websites advertise “criminal background checks,” they are referring to information they have collected at the state and county level. The court which heard your case is responsible for updating its records. Sometimes the court does not complete its work and the records are not erased from the databases maintained by third party records search companies. The attorneys at Leverson Budke can assist you in following up on your expungement to make sure your records are wiped from the court’s records and also removed from other databases.
Minnesota expungement statute
There are two laws covering what crimes can be expunged in Minnesota. Minnesota Statutes, section 299C.11, covers arrest records, which are kept by local law enforcement. Minnesota Statutes, chapter 609A covers other criminal records, including those that may be maintained by several different state agencies.
Free Minnesota expungement forms
Many Minnesotans who are researching what crimes can be expunged in Minnesota find free expungement forms online. There are free forms available from the Minnesota Judicial Branch and at some (but not all) courts. However, court personnel are not empowered to help you fill out the forms, nor can they give legal advice about what crimes can be expunged in MN. If you make a mistake on the form, courts will dismiss the case. Since many prosecutors oppose expungement, you need a lawyer who will fight for your rights. The best way to ensure your record is cleared is to hire skilled expungement attorneys. At Leverson Budke, we have expertise in criminal defense to know what crimes can be expunged in Minnesota and how to permanently expunge them from your criminal record. This means we will be able to determine your eligibility, file the appropriate paperwork, and represent you in court.
How long is the expungement process in Minnesota?
People who seek expungement of their criminal records get frustrated waiting for the court to rule. It helps to know the relevant time periods for what crimes can be expunged according to the Minnesota criminal statutes. Under MN Statutes Section 609A.02, subd.3, the following time periods apply to Minnesota expungement petitions: (2) one year if the petitioner completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime since completion of the diversion program or stay of adjudication; (3) two years, if the petitioner was convicted of or received a stayed sentence for a petty misdemeanor/ misdemeanor and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime; (4) four years, if the petitioner was convicted of or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime since discharge of the sentence for the crime; or (5) five years, if the petitioner had a felony violation, was convicted/received a stayed sentence [for a listed offense] and has not been convicted since discharge of the sentence. You should also be aware of the rules if you were charged but the case resolved in your favor. If the case was dismissed by the prosecutor, you were acquitted at a trial, or the charge was dismissed by the court, there is no waiting period for expungement. We advise anyone whose case was dismissed to seek expungement. Although this may seem like no big deal, having an arrest record can have serious consequences. If seen on a background check, it can be misinterpreted as a conviction, or it can be used to make a judgment that you aren’t trustworthy. This is why we advise people in this situation to expunge all records of the case.
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If you’ve been charged with a DWI, let Leverson Budke present your best defense. Call us today at (651) 829-3572 or click below to schedule a consultation.
Domestic violence expungement in Minnesota
In 2015, Minnesota relaxed its expungement laws to give more people with criminal records a chance for a clean slate. Some domestic violence offenses were also included in the expungement law for the first time. What crimes can be expunged in Minnesota under the updated statutes? Domestic abuse, violating a protection order, sexual assault, stalking, violating a harassment restraining order, and violating a domestic no contact order are all eligible for expungement, provided you meet the other conditions. If you have a domestic violence charge or conviction, you will be eligible for expungement so long as you meet the same conditions which apply to non-domestic misdemeanors.
MN expungement cost
If you are looking into what crimes can be expunged in Minnesota, you are undoubtedly concerned about the fees and costs. If the case ended in your favor (with a dismissal or acquittal), there is no filing fee to expunge records related to the case. For all other defendants, there is a filing fee of approximately $325, depending on the county where your case was filed. If you hire a lawyer to advise you on what crimes can be expunged, the attorney’s fees start at around $350 and may to up to $1,000 for a single charge. The cost varies depending on the complexity of the person’s charges, the position of the local prosecutor, and lawyer’s experience level. No two cases are identical, so other factors may also come into play depending on the circumstances of each person’s case.
New minnesota expungement laws
In 2015, Minnesota expanded the list of what crimes can be expunged, giving more people a chance to get a fresh start. Previously, the Minnesota judicial system had eviscerated the expungement laws, making it very difficult for anyone to have their record expunged. Now, more offenses are eligible for expungement. You can read a list of what crimes can be expunged in Minnesota Statute 609A. The new law includes expungement for people with some drug charges, juveniles prosecuted as adults, and cases that did not result in a conviction.
How long do you have to wait to get your record expunged MN?
If your case involved a Petty Misdemeanor or Misdemeanor, you must have: (i) Been convicted, or received a stayed sentence; and (ii) Have not had any new convictions for a minimum of two years after the sentence was discharged. If your case involved a Gross Misdemeanor, you must have: (i) Been convicted, or received a stayed sentence; and (ii) Have not had any new convictions for a minimum of four years after the sentence was discharged. To qualify as a “discharge” of sentence, the person must have completed the sentence plus applicable probation.
Can a felony be expunged in Minnesota?
Yes, Minnesota has a progressive policy which allows for many different types of offenses to be expunged. However, the law covering what crimes can be expunged requires the court to balance the interests of the person seeking expungement with the public interest. This makes it very important for people seeking expungement to hire thorough and effective expungement lawyers. At Leverson Budke, we will fight tirelessly to show that you deserve a second chance.
How long does a gross misdemeanor stay on your record in Minnesota?
Although Gross Misdemeanors are included on our list of what crimes can be expunged in Minnesota, no criminal charges are automatically sealed or removed from your criminal record. A Gross Misdemeanor will only come off your record if you meet the criteria for expungement and file a petition in the county where the charges ocurrred. If you have been charged or convicted of a Gross Misdemeanor, and you have not been convicted of a new offense for at least four years after your prior sentence was completed, you can file for expungement.
Stay of adjudication expunged in Minnesota
Our list of what crimes can be expunged in Minnesota includes cases resolved by a stay of adjudication. A stay of adjudication is a way of deferring disposition of a crime until the defendant completes probation. The person enters a guilty plea, but the judge does not enter a finding of guilt. When the person successfully completes probation, the case is dismissed. Judges often use a stay of adjudication in cases involving drug crimes and many other felonies and misdemeanors of all types. The good news is that according to the law of what crimes can be expunged in MN, the conviction and guilty plea are immediately expunged upon dismissal. However, the arrest records still remain tied to your name. In order to remove arrest records, you will need to file an expungement petition.
Will a 20 year old felony show on a background check?
Unless you have already looked into what crimes can be expunged in MN and took action to remove your old felony, even a 20-year old felony may still show up on a criminal background check. Employers, lenders, professional organizations, and other entities often use multiple different databases. The Fair Credit Reporting Act (FCRA) provides that felony arrests can only be reported on background checks for seven years after a person is released from prison. But there is no law requiring the removal of felony convictions of 7 years and older. Practically, this means that felony convictions of any age may still appear on a background check. Minnesota passed a “ban the box” law that prevents employers from asking about convictions on job applications. However, employers can still use background checks later in the process. The only surefire way to make sure a felony conviction does not haunt you forever is to file to have the conviction expunged.
Can a felon get a passport in MN?
Most of the time a felon can get a U.S. passport. Felony convictions don’t automatically disqualify you from obtaining international travel documents. However, if you have an international drug trafficking conviction — meaning you transported narcotics across borders – the government can deny you a passport. When you ask a lawyer “what crimes can be expunged in Minnesota”, be sure to ask about the status of your passport.
Can you leave the country with a felony on your record?
Having a felony record will not automatically preclude you from leaving the United States. The U.S. government can deny passports to people with international drug trafficking convictions and it does not matter what crimes can be expunged in MN. U.S. Customs and Border Patrol also will not allow people convicted of non-drug felonies to qualify for certain expedited security clearance pgrams. However, if you have a passport and have completed probation, you will be able to leave the country as long as you pass airport security checks.
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If you’ve been charged with a DWI, let Leverson Budke present your best defense. Call us today at (651) 829-3572 or click below to schedule a consultation.
Can you remove violations from driving record MN?
You can remove violations from a driving record in Minnesota, but they don’t remove themselves. Since insurance companies generally only pull five years of a person’s driving record, many people think that violations older than five years are removed from the record. However, this is not the case. DWI offenses and drug charges stay on your record unless they are on our list of what crimes can be expunged in MN. If they are expungement-eligible, you’ll have to petition the court for removal.If your driver’s license has been canceled, this will remain on your driving record until 15 years after the license was reinstated. In addition, if you have speeding tickets at extreme speeds, they may remain on your record for 10 years.
How to get a minor off your record In Minnesota?
A person under the age of 21 cannot drink alcohol in Minnesota. This is known as a violation of the Underage Consumption statute. Any person under age 21 who is caught consuming alcohol will be charged, even if they are below the legal limit. The violation results in a misdemeanor offense which is on our Minnesota list of what crimes can be expunged. The best course of action to remove this minor offense from your record is to work with an experienced attorney to petition for expungement.