Legal Question in Criminal Law in Minnesota

Can a stay of-imposition be expunged after completing probation ? the felony is dismissed and only during the 2 years of probation it came up on a background check I have 2 months left of probation can I start the process of an expungement having a hard time understanding what changes after probation if I have NO probation officer and case is closed

Asked on 11/03/16, 12:51 pm

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Minnesota overhauled its criminal expungement laws quite recently. One guess is that your case has overlapped in the time of the 'old law' and now, 'new law'. The 'new law' aims at helping people with a criminal past who are now living law abiding lives find jobs, housing, etc., whenever reasonable. The 'new law' balances those personal interests against concerns for 'the public interest'.

I suggest you carefully choose an attorney at this time so she can advise you about expungement as to your personal situation. When people come to me for this reason, typically I recommend several proactive measures at improving outcome which my clients may take immediately.

GOOD FOR YOU that you want to set the past to the past. You sound as tho' you are a person who has made incredible positive changes in your life! Terrific !

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Answered on 11/03/16, 1:25 pm
Samuel Edmunds Sieben Edmunds Miller PLLC

It depends on what type of felony it was. Some qualify for expungement under the statute. Others do not. Also, there is a five year waiting period to seek expungement after you are fully discharged from probation. So, once your probation is done, the felony will be deemed to be a misdemeanor, assuming that you successfully complete probation. Then five years later you could try for a statutory expungement, if your offense is one that qualifies under the statute. You can always try for inherent authority expungement.


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Answered on 11/11/16, 7:21 am

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