Minnesota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

"The Clean Slate Act," passed by the state legislature this session, sets up a process for the state Bureau of Criminal Apprehension to seal certain non-violent records automatically if they haven't been charged with another crime in a certain window of time.

The act automates expungement for petty- and gross-misdemeanor offenses if the charge has been dismissed or if a person successfully completed a diversion program or stay of adjudication ? a court action that keeps a conviction off your record if you remain law-abiding on probation.

Crimes That Qualify for the Minnesota Expungement Process It also covers records kept by other state agencies. Arrest records and convictions for fraudulent offenses like falsifying a title certificate, title fraud, altering a livestock certificate, and promulgating a false landing bill qualify for expungement.

Minnesota became the 11th state in the country to pass the Clean Slate Act during the 2023 legislative session. The law will automatically expunge records for non-violent, non-felony crimes starting on Jan. 1, 2025.

If you apply through the Minnesota Attorney General's Office and you qualify for expungement you do not have to pay the $300 filing fee to the Court.

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.

Under the Minnesota expungement law when determining whether sealing a record is appropriate the following factors will be considered by the Court: the nature and seriousness of the offense; the length of time since the offense occurred; the steps taken towards rehabilitation following the offense; any aggravating or ...

If my criminal court case was dismissed, do I have a criminal record. Yes. You have a public criminal record that says you were charged with a crime and that your charge was later dismissed.

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Minnesota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed