Minnesota Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

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

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.

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.

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.

If you apply by preparing and filing a Petition for Expungement directly with the Court, you will have to pay a $300 filing fee for each offense or ask the Court to waive this fee based on your income.

Fill out the online application. Once you apply, the Minnesota Attorney General's Office will review your case and refer your case to the applicable County Attorney's or City Attorney's Office to determine if you're eligible to seal your criminal record.

In Minnesota, you have to wait at least 2 years to have your record expunged. 2 years is the minimum. You may be able to apply sooner if you had a misdemeanor conviction for a crime that's not on the list of crimes that can never be expunged, or if you have one of several types of felony convictions.

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Minnesota Affidavit in Support of Motion to Order Expungement of Criminal Record