Aug31
In Minnesota it is possible to have your DWI criminal record expunged. Expungement of a criminal record is an extraordinary remedy and there are several hurdles you must overcome before a court will consider expunging the record.
To have a DWI record considered for expungement, a specified amounts of time need to have passed, without a person having any new convictions within that time period, before a court will consider expunging a record.
- A conviction for a first time DWI, (4th degree DWI), is a misdemeanor. Two years need to have passed from the time a person was discharged from probation, without having any new convictions during that time, for a misdemeanor DWI to be considered for expungement.
- A conviction for a second time DWI, (3rd degree DWI), third time DWI, (2nd degree DWI), or first time DWI based a refusal to have your blood alcohol content tested, (3rd degree DWI), is a gross misdemeanor. Three years need to have passed from the time a person was discharged from probation, without having any new convictions during that time, for a gross misdemeanor DWI to be considered for expungement.
To have a record considered for expungement, you also must show that the record is causing you harm. Specifically, you must show that because of the record, you cannot find work, or housing, or are having difficulties with other necessities of life.
If you meet the above criteria, you can file a petition with the court to have your DWI record expunged.
Once the petition for expungement is served and filed, a hearing will be scheduled for you to argue your case before a judge. This is your opportunity to demonstrate how you’ve changed since the conviction and how the expungement will benefit you.
It should also be noted that the expungement of a DWI record in Minnesota does not reinstate a revoked driver’s license automatically. Individuals must follow the specific guidelines set by the Department of Public Safety to have their driving privileges restored. This often involves undergoing a chemical health assessment, attending a reinstatement program, and possibly retaking the driving test.
If your DWI record is preventing you from finding employment or housing, you must speak with an experienced expungement attorney who can help you understand your options and fight to have your record expunged. Contact an experienced expungement lawyer with any questions.
