Legal Question in Criminal Law in Minnesota

Re: how do i get my criminal record exsponged

There are two kinds of expungement in Minnesota. First, there is a statutory expungemnet. To qualifdy for a statutory expungement your criminal proceeding must have been resolved in your favor. That means that you either were found not guilty, the matter was Continued for Dismissal or you you completed a diversion program.

If none of those apply, and you were convicted, you may seek a judicial expungement. This is an expungement that is in the inherent power of the Courts. However, the judicial expungement would only seal court records. It would not seal records kept by agencies outside of the judicial branch such as the the Bureau of Criminal Apprehension.

For a consultation on these issues, please call us at 952.746.2153

Re: how do i get my criminal record expunged

In Minnesota State court cases, there are two paths to what is commonly called "expungement" of criminal records. First, is the expungement statute -- Minnesota Statutes Chapter 609A. To have grounds for an expungement order under that statute, the case must have been "certain controlled substance offenses;" "juveniles prosecuted as adults;" or "certain criminal proceedings not resulting in conviction."

The other path to "expungement" is the "inherent authority of the court" to expunge criminal records, which can be attempted even in situations the statute does not remedy.

The best way to attempt to get a criminal record expungement is to have an experienced criminal defense lawyer help you with it -- such as myself. There are technical intricacies and traps for the unwary, in cases like these.