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Minnesota Instructions - Expungement (Sealing) of Criminal Records

State:
Minnesota
Control #:
MN-SKU-1454
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PDF
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Instructions - Expungement (Sealing) of Criminal Records

Minnesota Instructions — Expungement (Sealing) of Criminal Records is a process that allows individuals to seal or expunge criminal records from public view. It is a way to remove the stigma of a criminal past and often, to improve the chances of employment opportunities. The Minnesota Department of Corrections, the Bureau of Criminal Apprehension and the county attorney's office have authority to expunge or seal criminal records. Generally, Minnesota law requires that individuals have a clean history and have stayed out of trouble for a certain time period before they can apply for expungement of their criminal records. There are two types of Minnesota Instructions — Expungement (Sealing) of Criminal Records. The first is a limited expungement, which seals only certain portions of a criminal record, such as arrest records, court records, and conviction records. The second is a complete expungement, which seals all information related to the criminal offense from public view. To apply for Minnesota Instructions — Expungement (Sealing) of Criminal Records, individuals must submit an expungement petition with the court in the county where the case was heard. The petition must include all relevant documents, such as the arrest record, conviction record, court records, and other supporting documents. The court will then review the petition and determine if the individual is eligible for expungement. Expungement of criminal records can be a lengthy and complex process, so it is important that individuals consult with an attorney before submitting a petition. An attorney can help guide individuals through the expungement process and make sure all documents are properly filed. Additionally, an attorney can provide advice and assistance in navigating any legal issues that may arise.

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FAQ

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. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.

Since 2014, Minnesota has had a petition-based expungement system in place. The Clean Slate Act of 2022, if enacted, would automate expungements for some of the offenses that already qualify for expungement under the current petition process. The bipartisan legislation, HF1152/SF1856, is authored by Rep.

If you have a gross misdemeanor on your record and have not been convicted of a new crime for at least four years after completion of your sentence, you are most likely eligible for an gross misdemeanor expungement under the new Minnesota expungement law.

Minnesota Statutes, chapter 609A, provides 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 would qualify for destruction of records under Minnesota Statutes, section 299C. 11.

Who can see my criminal record after it's expunged and sealed? Your expunged and sealed criminal record can still be accessed by the Court, prosecutors, and law enforcement agencies including police, FBI, immigration, and other agencies in a criminal investigation, prosecution, or for sentencing and probation purposes.

Here are some of the most common felony convictions that are not eligible for statutory expungement but may be considered for inherent authority expungement. Felony DWI. Felony Assault. Felony Criminal Sexual Conduct. Felony Burglary. Felony Offenses Requiring Registration. Felony Terroristic Threats. Felony Domestic Assault.

What Crimes Can Be Expunged in Minnesota? Altering a certificate for livestock. Violating certain insurance regulations. Title fraud. Fifth-degree felony possession/sale of a controlled substance. Sale of a simulated () drug. False certificate of title. A motor vehicle accident resulting in great bodily harm.

Like misdemeanor crimes, a felony will also stay on your record forever unless you apply for mn expungement. Some felonious crimes (such as murder, kidnapping, certain sexual assault crimes), can never be expunged from your record.

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Minnesota Instructions - Expungement (Sealing) of Criminal Records