Expungement Attorney in Minnetonka MN | Can My Criminal Charge Be Expunged?
What Is Expungement?
Expungement is a process that effectively erases your criminal record. If you have been convicted of a crime, you can petition the court for an expungement of your criminal charges. Expunged records are confidential and cannot be accessed by the general public or law enforcement agencies unless they have probable cause to believe that someone has committed a crime based on evidence from another source (such as DNA). Expungement Attorney in Minnetonka MN
In most cases, it’s best to wait until after your probationary period is over before requesting an expungement. In addition, keep in mind that some jurisdictions may not allow certain offenses to be expunged immediately after paying restitution or completing community service hours; these felonies include:
- Larceny under $200
- Breaking and entering a building at night with intent to commit larceny or felony
Which Criminal Charges Can Be Expunged?
Some criminal charges can be expunged, and some cannot. If you have been convicted of a misdemeanor, gross misdemeanor, or petty misdemeanor, your charge may be eligible for expungement. However, felonies are generally not eligible for expungement.
Certain nonviolent felonies may be eligible for expungement; however, many people who were charged with a nonviolent felony find that they don’t qualify because of the way their case was handled by the prosecutor (for example: dismissed on motion to dismiss or nolle prosequi). Some examples of crimes that may be able to be sealed include:
- Assault in the third degree (felony)
- Driving under the influence (class B misdemeanor)
Which Criminal Charges Cannot Be Expunged?
- DWI and gross misdemeanors and felonies. Even if you have been convicted of a lesser charge, such as possession of marijuana or assault and battery, it may not be possible to expunge your record if the charges were brought in connection with a DWI or gross misdemeanor/felony.
- A conviction that is not eligible for expungement. In some cases, criminal charges will not qualify for expungement even if they are eligible under state law. This is because federal law prohibits the sealing or erasing of any record related to:
- A felony involving fraud or dishonesty;
- A crime for which someone was sentenced to death;
- An offense relating to national security;
- Any drug trafficking offense under 21 U.S.C., Chapter 13 (e) (1);
- Any Federal firearms offense other than one where the individual was convicted solely because he committed a minor traffic offense in relation to purchasing a firearm from an unlicensed seller who did not know that he was a person barred from firearms possession because of mental illness or addiction;
What Are the Benefits of Having a Criminal Charge or Conviction Expunged?
Having a criminal charge or conviction expunged has several benefits. It eliminates the social stigma associated with a criminal conviction, and it prevents the offense from showing up on background checks. As a result, you can truthfully say that you have no convictions on your record when applying for jobs and housing.
How Do I Request Expungement of a Criminal Charge or Conviction in Minnesota?
- Petition the court. After you have been charged with a crime, you will be given information about your case. The information will include the location and date of your trial. You should also be given contact information for an attorney who can help you through this process. If you do not know an attorney, you can contact one on your own or ask the court for a list of attorneys in your area who handle criminal law cases like yours.
- Ask if you are eligible for expungement before submitting a petition to the court asking for expungement of either charges or convictions on your record.
There are four main criteria that must be met if someone wants their record expunged: 1) They must be eligible under Minnesota law; 2) There must be facts showing good cause why it is appropriate to grant such relief; 3) It would not harm public interest; 4) It would not harm private interests (like when someone wanted their juvenile record expunged).
If you have been charged with a crime in Minnesota, you should speak with a criminal defense lawyer about whether it can be expunged. Expungement Attorney in Minnetonka MN
If you have been charged with a crime in Minnesota, you should speak with a criminal defense lawyer about whether it can be expunged.
Criminal charges in Minnesota can be expunged, but only if the charge was dismissed or if you were found not guilty. If convicted of the offense, it cannot be removed from your record.
Expungement is worth the effort because it helps people find new jobs and housing and allows them to get back on their feet after serving their sentence or probation period. It also helps them avoid discrimination when trying to find employment or housing because employers and landlords often check arrest records before hiring someone or renting an apartment.
If you’re in need of legal assistance concerning expungement, then feel free to contact Lauren Campoli, the best criminal defense lawyer in Minnetonka Minnesota, today.