Legal Question in Criminal Law in Minnesota

Most likely you would at least have to pay for the filing fee for an expungment. You can complete the necessary paperwork, file and serve the paperwork and represent yourself at the hearing. Many people go through the expungment process on their own. Most of the time you can get help from a local self-service center at or near the courthouse. You can also find information on the court's website.

If you are looking to hire an attorney to help you and represent you at the hearing, many criminal defense attorneys offer free consultations to discuss your case and see what can be done for you.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

The question is whether you would benefit or qualify for an expungement at all.

Expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records.

There are also Judicial expungements. Such an expungement is entirely up to the Judge as to whether it should be granted. This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement unless there is an overiding basis that requires the expungement in the interests of justice. The courts have ruled that seeking better employment or promotions would not be a basis to expunge adminstrative records.

Administrative agencies generally are the plces where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension. This is an executive agency. As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment.

Since you were convicted, a statutroy expungement is not possible.