Having a criminal record can present many challenges in someone’s life, including employment, housing, obtaining a loan, and many other areas. On January 1, 2015, a new Expungement Law (609A) took effect in Minnesota. It is now possible to have all records sealed.
Expungement means the sealing of a criminal conviction and arrests records. These records could include police reports, court records, ID docs, and more information produced by specific National organizations.
Expungement Defense Lawyer In Minneapolis
In Minnesota, there are two types of criminal expungements: Inherent Authority Expungement and Statutory Expungement.
Inherent Authority Expungement
Inherent authority expungement permits you to seal the court file related to your criminal case. However, records of the Bureau of Criminal Apprehension (BCA), police, and prosecutors are not affected.
Statutory expungement is another option for those with a criminal record in Minnesota. It offers far-reaching relief because it extends beyond the judicial file to other criminal case records, like ones held by the BCA and other executive agencies.
As the process can be complicated, with many variables, the judge will analyze the petition that will consider several factors before granting a person the right to seal their records from public view. The court will look at:
- The nature and severity of the underlying crime, the record of which would be sealed.
- The risk, if any, the petitioner poses to individuals or society.
- The length of time since the crime occurred.
- The steps taken by the petitioner toward rehabilitation following the crime.
- Aggravating or mitigating factors relating to the underlying crime, including the petitioner’s level of participation and context and circumstances of the underlying crime.
- The reasons for the expungement, including the petitioner’s attempts to obtain employment, housing, or other necessities.
- The petitioner’s criminal record.
- The petitioner’s record of employment and community involvement.
- The recommendations of interested law enforcement, prosecutorial, and corrections officials.
- The recommendations of victims or whether victims of the underlying crime were minors.
- The amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record, if granted.
- Other factors deemed relevant by the court
As the expungement process can be complex, you must seek legal advice and representation.
At Arneson Law Office, we are experienced in legally representing individuals seeking to seal their records from public view, helping through the entire expungement process, from filing the necessary paperwork to court hearings.
WHAT TO DO?
If you or someone you know is having issues in their life, not being able to secure a job, or not being able to get a loan, all as consequences of a criminal record, contact an attorney in Minneapolis today.
GETTING YOUR RECORD EXPUNGED WITH WYATT ARNESON
Do you need legal representation? Contact Arneson Law Office today or call our office at (612)-746-1188 to book a consultation. In case of emergency, call our 24-hour line for help at (612)-405-8010.