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Expungements in Minnesota

Minnesota Statute §609A.02 covers expungements in Minnesota.  An expungement is the process by which you ask the Court to seal your criminal records. This includes criminal convictions, arrest records and other records held by government law enforcement agencies.

In 2015, the laws on eligibility for expungement of records changed in Minnesota. Before January 1, 2015, District Court Judges, in most cases, only had the authority to expunge your criminal court records. This meant the Judge did not have the authority to order records held by the BCA or other law enforcement agencies be sealed.

The new law allows the District Court to order the full expungement of all your criminal records. If you have been convicted of a crime and are seeking an expungement, you must provide the Court with evidence showing that your need to have a record sealed outweighs a concern for public safety. You must file a Petition for Expungement with the Court, and will likely have a court hearing where you can tell the Judge why your criminal records should be expunged. Evidence to support a Petition to Expunge a criminal record may include:

– Your inablilty to obtain employment because of your criminal record
– Your inability to obtain housing
– The length of time since the crime occurred
– Your rehabilitation since the crime occurred
– Your record of employment and/or community involvement
– Other factors why it is necessary your records be sealed

If you are interested in pursuing an expungement, please contact me and we can discuss your situation and the process involved in obtaining an expungement.

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