Expungement of a record means the sealing or destroying or returning it to the subject of the record. The exact remedy in a given situation depends on the statutes or the court’s discretion.

Expungement of one’s criminal record involve on one side the interests of individuals who have been charged or convicted with a crime and would like to pursue employment, foster care, housing or other major life activities without the burden of an arrest or a criminal conviction, and on the other side, the interests of society as a whole to maintain criminal histories for purposes of future crime investigations and in order to make hiring, rental, and other decisions about individuals.

Prior to begin an expungement action it is important for the individual to obtain records of their full criminal history. The Minnesota Bureau of Criminal Apprehension (BCA) has criminal records for the whole state of Minnesota. Their “public records” list all convictions. Their “private records” list arrests, juvenile criminal history, and all court and conviction information that is more than 15 years old from the date the sentence was completed. The BCA keeps and updates records from reports they get from the county and courts. To obtain your BCA record you can contact them either in person or by mail at 1430 Maryland Avenue, CJIS Section, St. Paul, Minnesota 55106. As of April 2008 there is an $8.00 fee for the report. Sometimes not all of your criminal history, like petty misdemeanors, makes it to the BCA, thus it is important to check your records at the County Courthouse as well.

There are three main scenarios under which the criminal record can be asked to be expunged. As with any area of the law, each of the scenarios has special rules and exceptions that must be considered and a Rochester expungement attorney can help you navigate the statutes and case law. 

a)  The person is arrested and charged with a crime, but the charges are dismissed with no finding of probable cause being made;

b)  A finding of probable cause existed to proceed to trial was made, but later the charges were either dismissed or the person was found to be innocent by the judge or the jury, or the action was resolved “in favor of the Petitioner”

c)  The person either pleaded guilty or was found guilty.

Under the first scenario, and absent a felony or gross misdemeanor conviction in the 10 years before the arrest, one is entitled to have all the records of the arrest returned to him, upon request on the police department or BCA.

Under the second scenario, the person seeking expungement would not qualify for return of records but may be able to get court records sealed. The Minnesota statutes provide a procedure for requesting expungement of criminal records that must be used by an individual who was convicted of certain offenses or by an individual whose case proceeded further then the probable cause determination. Under the statute, expungement means that the records are sealed and that the agency maintaining the records may not disclose their existence or open them unless otherwise authorized by a court order or statutory authority.

In these cases where proceedings went further than the probable cause determination, but stopped short of conviction, the individual may file a court petition for expungement (having the records sealed but not returned). These would include the following circumstances:

• the individual was convicted of a felony or gross misdemeanor within the ten years before the arrest he or she wants expunged 

• a probable cause determination was made in the case 
 
• the prosecutor filed charges or a grand jury indictment was returned 

• the individual was acquitted after trial 

• the individual completed a diversion program but did not plead guilty or admit guilt before the program and charges were dismissed after completion of diversion.

“In favor of the Petitioner” is a term of art and a Minnesota expungement lawyer can properly advise you whether “stays of adjudication” or “diversion programs” fall within its meaning.

Under the last scenario, an individual may be entitled to have his record sealed under if convicted of the following:

a.  Unlawful possession of a controlled substance if the court stayed adjudication of the person’s guilt under Minnesota Statutes, section 152.18, and then dismissed the charges after the person’s successful completion of probation.

b.  Or was certified to stand trial as an adult under the juvenile code, convicted of the crime, and committed to the custody of the Commissioner of Corrections may petition for expungement if the person was finally discharged by the commissioner or was placed on probation and successfully completed its conditions.

If none of the previous steps apply, an individual can ask for an expungement based under the Court’s inherent judicial power. The Minnesota Statues state that:
Expungement of a criminal record is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.

As one can see expungements are not granted lightly and a Rochester expungement attorney can help you addressing the issues that the Courts look for in granting them. Those include a description of why offense was committed in the first place and the changes you have made that show you will not do it again, whether one is active in the community, volunteering, or some other activities, letters from people who know you and could say that you are not likely to commit another crime, you need the expungement for specific reasons, you are a good, responsible, upstanding person and so forth.

If you are looking for a Criminal Expungement attorney, contact us today to schedule your free initial consultation.