Minnesota Expungement Lawyer

Arneson and Geffen, PLLC is experienced in Minnesota expungement laws and will do everything possible to have your record sealed. The process of expungement seals one’s criminal record from public view.  As information becomes more accessible, and easier to access, expungement can help those negatively affected by the publication of criminal records.

Why Expungement?

If you have been arrested, charged,  or convicted of a crime, then you understand the negative impact a criminal record can have on your life.  In Minnesota, all of this criminal history data, including arrests without a conviction, are public information.  Many employers, landlords, financial institutes and schools perform criminal background checks on all applicants which means your past will continue to haunt you in the future. You may have trouble finding decent employment, finding a place to live, obtaining a loan or even getting into a school. Expungement can put an end to these constant problems.

Learn What is On Your Record

The first thing to do is find out what information exists.  In Minnesota, the Court and the Bureau of Criminal Apprehension (BCA) each maintain a public criminal history database.  Searching these websites is free and easy.  This is a big part of the problem, but it is helpful when trying to find out what information is available to interested parties.

Minnesota’s district court’s database is located at:  http://www.mncourts.gov/publicaccess

BCA’s criminal history database is located at:  https://cch.state.mn.us/

Expungement Rules and Regulations

The rules of expungement are not set in stone because of some inconsistent findings between the Minnesota Supreme Court and the Minnesota Court of Appeals.  However, every expungement case is assessed on an individual basis but, in general, the following factors will determine your ability to have your conviction erased.

  • Amount of time since the offense.  As a general rule of thumb, wait at least two years to petition to expunge a misdemeanor conviction and longer for a felony.
  • Rehabilitation measures taken. In general, if you have displayed good public behavior since the arrest, avoiding any additional arrests, participating in counseling, anger management and/or rehabilitation as requested by the judge, then you will have a better chance of having your conviction taken off the record.
  • Case resolved in your favor.  If you were found not guilty or the case was dismissed by the judge or the prosecutor or you entered into a pre-trial diversion program (without entering a plea of guilt) you will have a much easier time expunging the record.  If the case was not resolved in your favor, the expungement request must be requested under the court’s inherent authority, which is a tougher process.
  • Drug offenses.  Certain drug offenses may be expunged pursuant to statute which makes the process easier.
  • Seriousness of the crime. Certain convictions can never be sealed, such as sexual assault and other offenses requiring post conviction registration.

Executive Branch Records

Over the last decade, Minnesota Courts have struggled with how far it can extend expungement orders.  Specifically, whether the Court can extend an expungement order under its inherent authority to executive branch agencies such as the BCA, Department of Human Services (DHS), and the Minnesota Department of Health (MDH).  The Minnesota Supreme Court addressed this issue in State v. S.L.H., but it remains unclear whether judges can order executive branch agencies to seal their records.  In the last few years, many judges ordered court record expunged, but did not order BCA, DHS or MDH records sealed.  This presents numerous problems and leaves many expungement clients frustrated.

In the beginning of 2012, the Minnesota Court of Appeals issued two decisions that may lead to positive changes in this area.  As noted n detail below, in In Welfare of . J.J.P., the Minnesota Court of Appeals concluded that the court may seal all records, including executive branch records, if the underlying offense was a juvenile conviction.  See below for more information.

The Minnesota Court of Appeals also decided State v. M.D.T. and ruled that in some situations, and for good cause, a district court may expunge executive branch records.  In its decision, the court noted that an individuals’ fundamental right to obtain housing and employment are affected by a criminal record and that individuals have a right to be free of “excessive punishment.”  While it remains unclear how the courts will view this case, it is clear that this is a positive change for expungement law in Minnesota.

To read the case, click on the link below:

http://caselaw.findlaw.com/mn-court-of-appeals/1598370.html

Juvenile Expungement

In Minnesota, some juvenile records are public and others can be used by agencies like DHS and MDH to disqualify individuals from employment.  Thankfully, Minnesota law allows individuals with juvenile records to seek expungement.  The law relating to expunging juvenile records is different than adults.  In theory, judges have more discretion to expunge juvenile records and may include executive branch records.  Until recently, it was unclear exactly what relief a judge could order in a juvenile expungement case.  Specifically, whether a judge could order an executive branch agency to seal its records of a juvenile conviction.

Jon Geffen from Arneson & Geffen brought this matter to the Minnesota Court of Appeals in the case of In Re the Welfare of J.J.P.   In its decision, the Minnesota Court of Appeals agreed with our argument and ruled that juvenile courts must be guided by principles of juvenile law, not adult criminal law, deciding expungement case.  The Court also noted that it can expunge records of juvenile conviction records from executive branch agencies such as BCA, DHS and MDH.  To read the case, click on the link below:

http://caselaw.findlaw.com/mn-court-of-appeals/1592021.html

The State is presently asking the Minnesota State Supreme Court to review the decision.  Stay tuned.

Arneson & Geffen, PLLC  can help you with expungement of a misdemeanor, gross misdemeanor or felony conviction.  Contact one of our skilled attorneys by calling 612-465-8581 for a free consultation.

Expungement Lawyer Minnesota

Arneson & Geffen, PLLC represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.