Jun29
The good news is that in Minnesota, you may be eligible to have the criminal record of your DUI conviction. Expungement is a legal process through which a person can petition the court to have their criminal record hidden from public view. In other words, with an expungement, your DUI will not show up on a criminal background check.
To be eligible for an expungement in Minnesota, you must have completed all sentencing requirements and conditions of probation stemming from your DUI conviction. Additionally, you cannot have any other pending criminal charges, and you must not have been convicted of another crimes within a certain period of time since discharge from the sentence for the DUI. As with expunging other types of convictions, you must also show that the record of the conviction is causing you harm.
Not all DUI charges can be expunged in Minnesota. A First Degree DUI is a felony offense in Minnesota, and is ineligible to have all records expunged. Second Degree and Third Degree DUI charges are both gross misdemeanors offenses, and while difficult to accomplish, both types of convictions can be expunged.
A Fourth Degree DUI is typically charged for a first-time offense as long as a person’s blood alcohol content is .16 or less. Typically, these convictions can be expunged two years after the person is discharged from the sentence for the crime, and as long the person has no other convictions within that two-year window.
Even though expungement of DUI offenses in Minnesota is possible, the process remains complex and legal guidance can significantly help the chances for success. An experienced expungement attorney can provide invaluable assistance, helping you navigate the intricacies of the law and gathering the necessary documentation needed to present a compelling case to the court.
The expungement process requires serving and filing a petition along with several other documents, notifying all relevant state agencies, and attending a court hearing where the benefits of sealing your record are argued against the state’s interests in keeping the record of the conviction open and available to be viewed.
Factors the court may consider include the severity of the offense, the amount of time that has elapsed since the conviction, any rehabilitation efforts, and how an expungement would benefit your employment opportunities or housing applications. It is a chance to seal the past and open doors for a future that reflects the positive changes you have made in your life.
