If you have had difficulty moving forward in your life because of a criminal charge or conviction on your record, you may be able to do something about it. Expungement Lawyer Mark Herman can help.
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What is Expungement?
An expungement will seal your arrest and criminal, whether you were convicted or the case was dismissed, from public search records. Minnesota residents with criminal records have the chance to remove them …read more
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Expungement Process
The process for expunging records is time consuming and complicated. When you retain an experienced Minnesota expungement lawyer to represent you, you have a greater chance of successfully having your criminal history record sealed …read more
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Why Expunge My Record?
There are many people who cannot get a job, a place to live, into a school or training program due to their criminal history. An expungement lawyer can help eliminate these issues and help you move forward with your life …read more
Why You Need An Expungement Lawyer
Often when we are young, or even later in life, we may do things that we regret in the future. At the time, you may not realize that these acts will carry consequences that can affect the rest of your life. As time goes on, however, you find out that having a criminal record, even for something minor, can greatly impact and limit your future.
In today’s age of data mining and the sharing of information of public information, having a criminal record can make it difficult to obtain employment, making it hard to support you and your family. Having a criminal record can also make it difficult to find safe housing.
Additional reasons to seek an expungement lawyer include loans and adoption. Residents with criminal records may have trouble securing a bank loan. Similarly, someone wanting to assume the parenting responsibilities of a child may face challenges that are hatched from their past mistakes.
All of these reasons support the fact that expunging – or “sealing” – your criminal records is very important if you hope to overcome these burdens that can hold you back from having the life you want.
Wherever you live in Minnesota, Mark Herman will guide you through the entire expungement process.
What Do Others Have to Say?
Why Contact a Minnesota Expungement Lawyer?
Whether you’ve been convicted of a felony, gross misdemeanor or even a misdemeanor, a criminal record can make it hard to move forward with your life. Even if you were not convicted and the charge was dismissed, this record is available for anyone to see. That is why it’s imperative that you pursue a record expungement and leave the past behind.
Expungement is a legal procedure that seals records of criminal convictions, charges and arrests. Once a record is expunged, the public and potential employers will not be able to see this record. And, after your record is expunged, you can legally say that you’ve never been convicted of a crime.
The advantages of obtaining an expungement include – but are not limited to – the following.
- Finding employment :Most, if not all, Minnesota businesses perform background checks on prospective employees and are often unwilling to hire someone with a criminal record. If your record has been expunged, the record will not be viewable and, you can legally say you’ve never been charged or convicted of a crime.
- Finding a home :Before renting out an apartment, landlords conduct background checks on new tenants. If a landlord finds your criminal record, he/she might not rent to you. Many landlords, in their housing applications, state up front that they will not rent to anyone with a felony record.
- Applying for school/special programs/licensure :College admission personnel may deny admission to applicants who have been convicted of a crime. Having a criminal record expunged prevents colleges from becoming aware of your criminal past.
Some professions, such as nursing, require an individual to obtain training in a specialized education program. Often, an individual with a criminal record may not be accepted into these programs.
Additionally, many professions require you to obtain a license from the state to work within a profession. Having a criminal record could make it difficult to obtain licensure.
Expungement Eligibility Depends on a Number of Factors
When you are granted a statutory expungement, both the court’s records and the records in the posession of law enforcement agencies, such as the Bureau of Criminal Apprehension (BCA), are sealed. Expungement of your record will prevent your criminal history from appearing in a background check.
There are 12 factors that a court considers to determine whether or not you are eligible to receive an expungement (Minnesota Statute 609A.03 sub.5(c)(1-12). Some of these factors include:
- The nature and severity of the crime;
- The risk, if any, the person presents to individuals or society;
- The length of time since the crime occurred;
- The steps the person has taken to rehabilitate;
- Aggravating or mitigating factors related to the crime;
- The person’s record of employment and community involvement;
Cases Eligible for Expungement
In Minnesota there are three categories of criminal offenses.
- Misdemeanors
- Gross misdemeanors
- Felonies
Misdemeanors and gross misdemeanor are eligible for expungement, provided the following criteria has been met:
- Misdemeanors are eligible to be considered for expungement if a person has been convicted of or received a stayed sentence and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime.
- Gross misdemeanors are eligible to be considered for expungement if a person has been convicted of or received a stayed sentence and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime.
- Felonies are eligible to be considered for expungement if a person was convicted of or received a stayed sentence and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime; and,
- The felony to be expunged, must be for a felony violation that is listed in the statute.
Felony expungements are more complicated. There are two criteria that must be met:
- Felonies are eligible to be considered for expungement if a person was convicted of or received a stayed sentence and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime; and,
- The felony to be expunged, must be for a felony violation that is listed in the statute.
Other Expungement Case Timelines:
- For all criminal classifications, if a case has been dismissed it can be considered for expungement upon dismissal.
- For all cases where a person successfully completed the terms of a diversion program or stay of adjudication, expungement can be considered if the person has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication.
- For some specific types of felony drug possession cases, expungement can be considered upon the dismissal and discharge of the proceedings against the person.
It’s important for you to contact an experienced expungement lawyer to see into which category your case falls.
What Is the Criminal Expungement Process?
The criminal expungement process in Minnesota takes four to six months.
The first step is drafting a petition and other required documents. A hearing date is then scheduled and the documents are served on the appropriate agencies and filed with the court.
At the hearing, your lawyer will present your case to a judge who will then decide whether or not to grant the expungement.
We Can Help You!
Expunging a criminal record in Minnesota is time-consuming and difficult. It involves going to court and making pursuasive arguments for your case to a judge. Working with a skilled Minnesota expungement lawyer will significantly improve your chances of successfully having your records expunged.
Experience makes a difference when dealing with expungement cases. Each expungement case is unique and prosecutors and judges view and approach each case differently. Minnesota expungement attorney Mark Herman knows what to expect and what course of action to take in each case so that his clients achieve the best possible outcome.
Contact expungement attorney, Mark Herman, right away-online, by phone or in person to schedule your free consultation.
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