Minnesota Expungement Guide
Definition and meaning
The Minnesota Expungement Guide outlines the process through which individuals can seal their criminal records. Under Minn. Stat. § 609A, expungement refers to a court order that prohibits the public disclosure of criminal records, effectively sealing them from public access. This does not destroy the records, but restricts their availability except under certain conditions.
How to complete a form
To initiate the expungement process, you must complete several forms, including the Notice of Hearing and Petition for Expungement. Each form must be filled out completely and accurately, listing all prior and pending criminal charges. It is critical to obtain a hearing date from the court administrator, which should be at least 60 days from when you mail the notice.
- Fill out the Notice of Hearing and Petition for Expungement.
- Complete a proposed Order to Expunge Criminal Records for each case.
- Make copies for all relevant agencies.
Who should use this form
This guide is intended for individuals in Minnesota who have criminal records that they wish to expunge. You may qualify if your charges were dismissed, you were found not guilty, or if you meet specific criteria set by Minn. Stat. § 609A. It is advisable to consult with a licensed attorney if you are uncertain about your eligibility.
Common mistakes to avoid when using this form
When completing the expungement forms, there are several common errors to watch for:
- Failing to list all prior and pending charges accurately.
- Neglecting to obtain a proper hearing date.
- Missing submission deadlines for service.
- Not providing adequate copies of forms for all agencies involved.
What documents you may need alongside this one
In addition to the primary forms related to expungement, you may need to prepare and gather documents such as:
- Proof of any previous legal proceedings related to your case.
- Copies of any official communications from law enforcement agencies.
- Financial information if applying for a fee waiver.
What to expect during notarization or witnessing
When finalizing your expungement documents, certain forms may require notarization. During this process:
- Be prepared to present an identification document to the notary.
- Sign your forms in the presence of the notary.
- Ensure that the notary stamps and signs the documents properly.
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FAQ
I would like to expunge my ex-husband from my memory. Because the court has decided to expunge my criminal record, there will be no evidence of my past misdeeds. The president has the power to expunge any person's criminal history in order to give that individual a fresh start in life.
After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.
Expungement involves completing court forms, serving them on agencies who have records of your case, filing paperwork with the court, and typically, having a court hearing. The process takes at least 4-6 months.
Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.
Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.
The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.
How much does an expungement cost in Minnesota? The court filing fee for an expungement application in Minnesota is $325, but this can vary by county, so your MN expungement attorney can double check the fees wherever you need to file.
The criminal expungement process takes at least 4-6 months. By law, the court hearing to consider your request has to be held at least 63 days after your forms are served to the government agencies. The judge then has up to 90 days from the date of the hearing to make a decision on your case.
Your whole letter should be about three paragraphs. Begin by telling how you got in trouble in the first place, but keep this part short. Give just enough detail for the employer to understand the nature of your infraction, but do not give too much detail.