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Expungement In Minnesota

Expungement is a legal process designed to help individuals clear their criminal records. This means that their previous criminal charges and convictions are sealed from official records. In Minnesota, the expungement process is governed by a complex set of rules and regulations that are best navigated with the help of an experienced attorney. 

What is Expungement?

Expungement is the process of going to court to ask a judge to seal a court record. Expungement does not destroy a record. Instead, an expunged record is removed from public view (sealed).

To be eligible to expunge a conviction, one of the following situations must apply:

  • You were convicted of a certain controlled-substance offense;
  • You completed a diversion program or had a stay of adjudication, and you have had no new convictions for at least one year;
  • You were convicted of a petty misdemeanor or a misdemeanor, and you have had no new convictions for at least two years;
  • You were convicted or received a stayed sentence for a gross misdemeanor, and you have had no new convictions for at least four years;
  • You were convicted or received a stayed sentence for a certain felony, and you have had no new convictions for at least five years; or
  • You were a juvenile but prosecuted as an adult

You can apply for expungement of a conviction only after you have completed your sentence. You must count from whatever date is the most recent such as the date of conviction, completion of sentence, completion of probation or parole, or final payment of restitution, and then wait for several years.  

Here is when you can apply for expungement:

  • If your case was resolved in your favor such as acquittal or dismissal, there is no wait.
  • If you completed a diversion program or your adjudication was stayed, you must wait one year.
  • If you were convicted of a petty misdemeanor or a misdemeanor, you must wait two years.
  • If you were convicted or your sentence was stayed for a gross misdemeanor, you must wait four years.
  • If you were convicted or your sentence was stayed for a certain felony, you must wait five years.  

To be eligible of the above situations, you cannot be convicted of any new crimes during the waiting period. If you are, then the waiting period starts over from your completion of that sentence.

MN Expungment Process

The time it takes for a record to be expunged in Minnesota differs, but it usually takes about 6 to 9 months.

At Brodin Legal, we have a flat fee for this service that covers all costs including filing fees. We will first gather information on your case and do any essential research. Once that is done, we will compose your petition and any other needed documents. If there is any prosecutor opposition, we will also respond to that. We also will have one of our attorneys go to court to zealously advocate for you. Most of the time we find that your presence in court will not be mandatory.

Expunging your MN criminal record could really make a difference in your life. Contact Brodin Legal today at 612-888-4542 for a free initial consultation.