Our attorney’s representation can also begin, or extend until, after a criminal case is over. An expungement is either the return, or the sealing, of records of a criminal offense. The types of records that can be expunged depends on a lot of different factors including: 1.) Whether an offense was charged or there was simply an arrest; 2.) Whether the person seeking the expungement was a juvenile or an adult; and 3.) What the result of the criminal case was I.E. conviction, dismissal, etc.
Whether an expungement will be successful will also depend on factors such as: 1.) Whether the records pertain simply to an arrest or an actual prosecution; 2.) If the records pertain to a criminal case, whether the case was resolved in favor of the person seeking expungement; 3.) How long ago the case was resolved; 4.) Whether the person seeking the expungement has committed any subsequent offenses; 5.) What type of offense is involved, I.E. theft, murder etc.; and 6.) Whether the person seeking the expungement has taken positive steps in their life since the criminal case was resolved like attending school, doing community service, etc.
Minnesota Expungement Process
The process of seeking an expungement begins by meeting with one of our attorneys who will be able to give advice about what type of expungement should be sought and how successful it could be. If, after that meeting, the client decides to go forward with an expungement, one of our attorney’s will either draft a Petition for Expungement and other pertinent documents to be filed with the Court, or, shepherd the client through the process of having records of an arrest returned. If a Petition is filed, a hearing will then be held no sooner than sixty (60) days after the filing of the Petition. If, after the hearing, a Court grants the expungement, the Expungement Order will not become effective for sixty (60) days. Accordingly, the process of seeking an expungement that requires a Petition will take no less than four months to complete.
Contact us to arrange an appointment to speak to one of our lawyers about expungements.
*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.