What is Expungement?
The first step towards getting an arrest and conviction expunged is knowing the terminology and understanding the process of sealing records.
An expungement is a court order that seals your criminal record, which means that it cannot be seen by anyone (including employers). A criminal record includes any court orders related to your arrest or conviction for a crime you committed. You can have your record sealed if you have been arrested but not convicted of a crime, if there was no conviction or if all charges against you were dismissed.
What Does an Expungement Attorney Do?
A good expungement lawyer is responsible for helping their client petition a court to have their criminal records sealed.
The process of expunging a criminal record can be complex, especially if you are trying to get multiple convictions cleared at once or if there are other aspects of your case that may complicate the issue.
Crimes in Minnesota
There are four classifications of crimes in Minnesota: gross misdemeanor, misdemeanor, petty misdemeanor, and petty misdemeanor (violation). The most serious crimes are called gross misdemeanors; for example, if you were arrested for driving under the influence of drugs or alcohol. A lesser crime is referred to as a “misdemeanor”. Finally, there are two degrees of petty misdemeanors: first-degree and second-degree.
In Minnesota, a person who has been convicted of a crime can petition the court to have their records expunged (sealed) under certain circumstances. The conviction must be a misdemeanor or gross misdemeanor, it must be the only conviction on the person’s record, and it must not be for any violent offense. In addition, they must wait five years from the date of conviction before they can file an expungement petition.
In Minnesota, petitions for a crime to be expunged must be made to the district where the conviction took place or to the district where the occupant resides, whichever comes first.
You must consult with an attorney regarding your situation.
Presenting the Strongest Case
An expungement attorney can help their clients present the strongest possible case for having their criminal record expunged by helping them to collect evidence.
- They can help you collect evidence. A job application or college application might ask about your criminal background; if you do not have proof, it will be hard to prove that you were convicted.
- They can help you gather court documents. Your lawyer will want to see all of the documents related to your case, including arrest records, booking photos, mug shots, case files from each court appearance, and any other records related to this matter before they begin working on your case (if possible). They may also ask for copies of letters sent between attorneys during negotiations or plea deals so they know exactly what happened in court when the charges were dismissed or dropped against someone accused of a crime
- The attorney’s office must compile a list of witnesses who are willing to testify on behalf of their client (usually family members) and locate these people for them to provide testimony based on what happened during each phase of the criminal process: arrest through a sentencing phase.
Hiring an Expungement Attorney
If you want to hire an attorney to help you get your record expunged, you should choose one who understands both the law and human nature.
An expungement lawyer needs to understand how the law works for him or her to be able to advise clients about their legal rights and options. If a client hires a lawyer who does not know how the process works, then he or she may end up making mistakes that could result in losing their case altogether. Understanding how things work will enable an attorney to give sound advice based on facts rather than conjecture or guesswork.
An attorney must also understand human nature as it relates directly to our legal system by being able to have empathy towards his/her clients during difficult times, such as having had criminal charges brought against them which resulted in having their records being expunged.
Expungement Attorney in Minneapolis MN
When it comes to getting your record expunged, it’s important to work with a criminal defense attorney who understands both the law and human nature. An expungement attorney knows how to use these skills to help their clients have the best chance of success in court. They understand that every case is different and will take into account any extenuating circumstances before deciding on how best to proceed with your case. If you’re looking for an expungement attorney to help you with your case, contact Lauren Campoli with Lauren Campoli Criminal Defense in Minneapolis, Minnesota.