Legal Question in Criminal Law in Minnesota

Plea of Guilty versus Not Guilty

I have one more question regarding a disorderly conduct charge. If a person pleads guilty for a lessor charge if possible (ex.. petty misdemeanor), in the interest of not having to drag things out with a trial, etc.; at some point in the future can it be expunged from the record even if a plea of guilty was entered? My understanding is that if a plea of innocent is given,there would have to be a trial, thus requiring numerous appearances, etc.. (extremely high costs)

Thanks for giving insight.


Asked on 11/07/08, 12:41 pm

1 Answer from Attorneys
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Plea of Guilty versus Not Guilty

Thank you for your question. Expungement of a conviction is difficult, and has nothing to do with the manner in which the conviction was obtained -- whether by a plea bargain to a lesser charge, or as the result of a trial.

As a general rule, it is difficult to have a criminal record expunged. If you look at Minnesota Statutes 609A.03 (which you can find by doing a simple google search for "minnesota statutes"), you will find the procedure for a petition to expunge a criminal record. Although this statute may seem to suggest this is easy, in fact it is not. Finally, you will note that the statute does not apply to petty misdemeanors, which (strictly speaking) are not criminal offenses, since there is no possibility of jail or incarceration.

Good luck.

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Answered on 11/10/08, 12:47 am


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