Expungement in Eden Prairie MN | How Long Do You Have To Wait To Have Your Record Expunged In Minnesota?
In Minnesota, you have to wait at least 2 years to have your record expunged.
- 2 years is the minimum.
- You may be able to apply sooner if you had a misdemeanor conviction for a crime that’s not on the list of crimes that can never be expunged, or if you have one of several types of felony convictions.
- If your offense was a felony, some offenses are ineligible for expungement no matter what and must wait until after 5 years.
- Some offenses must wait longer than 2 years before they’re even eligible for application (and others don’t follow this rule).
- In some cases, you can still apply but only if the prosecutor agrees to let it happen sooner than 2 years.
In any case where you have been convicted and had jail time with no probation or fines added on top of it–even if your record was sealed–you can’t get an expungement until after 6 months from release from custody (or another form of supervised release). Expungement in Eden Prairie MN
You must have a clean criminal record for the 2 years prior to expungement.
You must have a clean criminal record for the 2 years prior to expungement. This means that you cannot be charged or convicted of any crimes during this period. It is also important that you do not commit any new crimes during this time, because doing so will prevent you from getting your record expunged. If you are arrested for a new charge, your record can still be expunged if the charge is dismissed before trial or if there is not enough evidence to convict you at trial.
There are different types of expungement.
There are different types of expungements.
- Expungement for people who were never convicted: If you were never convicted of or pleaded guilty to a crime, you can have your record expunged after five years if it did not result in a felony conviction. The court may seek to verify that the person has been engaged in law-abiding activities during this time. If they determine that you have been, they will issue an order requiring that all records pertaining to the case be sealed (i.e., kept confidential/private).
- Expungement for people who were convicted and sentenced: If you were convicted but didn’t serve any jail time or spend more than 90 days on probation, then your record can be sealed immediately after sentencing so long as there is no pending appeal. However, if there is still an appeal pending after sentencing and sentencing has not yet occurred (meaning the case hasn’t been closed), then your record cannot be sealed until such time as an appellate court orders its release; this process could take up to four months from when it was filed with the Court Of Appeals And Supreme Courts Of Minnesota (COA/SCMN).
- Expungement for people who were convicted and served their sentence: In cases where someone served their entire sentence before appealing their conviction(s), there is no waiting period before filing an application with COA/SCMN because there would technically not be any “record” at all left on file—the only thing remaining would be official documentation acknowledging completion of rehabilitation requirements necessary before being issued clearance papers indicating that one has met all requirements necessary under state law.”
Expungement should not be attempted alone.
Expungement is not automatic and should not be attempted alone. If you want your criminal record to be erased, seek the help of an attorney who specializes in expungement.
Although Minnesota law allows criminal records to be expunged, there are certain circumstances that will prevent this from happening. For example, if somebody has been convicted of a felony or gross misdemeanor within the last three years (two years if it was a felony), their record cannot be expunged until at least seven years after they complete their sentence. This is because people cannot have “two bites at the apple” when it comes to having their records sealed for good.
Also note that since each case varies based on its own unique circumstances and facts, there may be instances where someone can get their record expunged even though they have been arrested more than once in their lifetime or had multiple charges against them at one time during arrest proceedings – but only if those charges were dismissed before going to trial and being convicted as charged (or pled guilty).
If you’re in need of legal assistance concerning expungement, then feel free to contact Lauren Campoli, the best criminal defense lawyer in Eden Prairie Minnesota, today.