
1. You Have Successfully Completed Your Probation
You are not eligible to expunge your record if you have not completed your probation. For a person to be successful in completing their probation, they must have:
- Completed all terms of their probation
- Not been convicted of any other crimes during the time that they were on probation
2. The Charge Was Dismissed
The charge was dismissed. This is the most common reason for expungement, and it usually occurs when a judge or prosecutor dismisses the case.
The defendant was acquitted. If you are tried and found not guilty of a crime—because of insanity or otherwise—you can seek to have your record sealed.
The defendant was found not guilty because of insanity.
3. No Judgment of Conviction Was Entered
A judgment of conviction is a court order that says you are guilty. It is entered after the trial, plea bargain, or jury verdict but before sentencing has been carried out (except for when a bench trial is held). If you were found not guilty at trial, your record will be expunged automatically. However, if there was some other outcome such as “guilty because of insanity” or “no contest,” then your record may still be eligible for expungement.
4. You Have Been Pardoned by the Governor or President
Have you been pardoned by the governor or president? If so, then you can petition to have your record expunged. A pardon is full and unconditional forgiveness of an offense, granted by the chief executive of a state or country. This means that if you are convicted of a crime, but then get pardoned, it will be as if you never committed the crime at all. The governor or president has this power under state laws and federal law respectively; they may also use their common course powers to grant clemency (a lighter punishment) on behalf of someone who has been convicted in court.
5. Your Record Has Been Sealed by a Judge
If a judge has sealed your record, you can legally deny that the conviction ever occurred. However, if you are asked about it by anyone who is not authorized to see it (like a potential employer), you must still tell them about the crime and how much time was spent in prison.
You cannot be denied housing or employment because of your sealed record. For example:
- If an employer asks whether you have ever been convicted of a crime and then hires you after learning that you did commit a crime but have had your record expunged, they could be sued for discrimination based on disability. This is under disability laws passed by Congress.
- If an applicant discloses his/her criminal history voluntarily but does not disclose that it has been expunged, this would not be considered discrimination against him or her under those same laws because they don’t apply retroactively (meaning they only apply after something happens).
6. The Crime You Committed Was Not a Felony
If the crime you committed was not a felony, it can be sealed. This means that if you were convicted of misdemeanor theft, you may be eligible to have your records expunged.
However, there are exceptions to this rule. If your offense is murder or another serious violent crime such as aggravated assault or kidnapping, these offenses may never be sealed under any circumstances.
7. You Have No Other Convictions On Your Record
The expungement law is very strict and will not seal or expunge any conviction that you have on your record. This means that if you have any other convictions, they won’t be sealed or expunged. If you want to get your record sealed, then hire a lawyer to help with the process.
You should also be aware that your record can still be seen by law enforcement and other agencies, even after you have been granted an expungement. This means that if you apply for a job or try to get a loan, they may still see the conviction on your record.
Expungement Attorney in Plymouth MN
If you’re interested in having your criminal record expunged, contact Lauren Campoli today. She has decades of experience working with people who have been convicted of crimes or who have had charges against them dismissed or dropped in the Plymouth, Minnesota area. With her help, you can get your record cleaned up and start fresh! Contact Lauren Campoli Criminal Defense today for more information.
