You are now able to petition the court to expunge from your record petty misdemeanor convictions, misdemeanor and gross misdemeanor convictions, and certain felony convictions. The expungement law in Minnesota has been amended to allow for a more complete remedy. Now you can seal from public view not only the courthouse file containing all the dreaded facts regarding your criminal case, but all records maintained by the arresting agency and the BCA! The new statute imposes a mandatory waiting period before you can file for an expungement. For petty misdemeanor and misdemeanor convictions, the law requires that you not have been convicted of a new crime for at least two years since the date of discharge from your sentence. For gross misdemeanors, the law requires that you not have been convicted of a new crime for a period of four years before filing a petition. If you were convicted of certain felonies, the waiting period is 5 years from discharge without having been convicted of a new crime.

Your expungement lawyer will need to prove to the court by clear and convincing evidence that granting the petition would yield a benefit to you commensurate with the disadvantages to the public and public safety. The court will consider the nature and severity of the crime, the risk you may pose to individuals and society, the length of time since the crime occurred, steps you have taken towards rehabilitation, recommendations from prosecutors and law enforcement, as well as other factors.

Call now for a free consultation and free yourself from your past. Expungement attorney Robert J. Shane has 30 plus years of criminal defense experience and can be reached by calling (612) 339-1024 or by email at rob@shanelawoffice.com