How Long Must I Wait To Seek An Expungement of my Criminal Record in Minnesota?
Almost daily we speak with potential clients who contact us to determine if they qualify for expungement. While there is no formal timeline offered within Minnesota law, generally speaking, the longer you wait to seek an expungement of your criminal record, the greater your likelihood of success. Equally important is the severity of the offense you were convicted of in relation to how much time has passed.
In Minnesota, expungement is governed by statute. The expungement of a conviction means that the court will seal or destroy evidence of a conviction. This remedy is limited, however, in the sense that the court can always look back at a criminal record if someone is charged with a subsequent crime. This record will be used for purposes of investigation or enhanced sentencing. In addition, a conviction may be examined in the absence of a court order to allow an agency of criminal justice to conduct a background search on a prospective employee.
Minnesota expungement involves three steps. First, we work with clients to put together an expungement petition. That petition outlines the reason the client seeks expungement, the details of the record they are seeking to expunge, information about any rehabilitation that the client has undergone since the prior offense and an outline of any criminal offenses committed since the conviction for the prior offense. Once the petition is drafted, notice must be given to the prosecutor and any victims affiliated with the prior crime. Finally, a hearing is held not sooner than 60 days after service of the expungement petition in order for the accused to present argument to the court. Victim impact statements are taken into account and the petitioning party has the burden of demonstrating by clear and convincing evidence the expungement would result in a benefit to themselves that meets or exceeds the disadvantages to the public at large in sealing a criminal record.
