Expungement

The Minnesota legislature recently passed statutes allowing more people to expunge or erase their criminal records. Whether you can get your record expunged depends on several factors, namely the severity of the charge, the results of the case, how long it’s been, and more.

Some cases will qualify for automatic expungement. Others require a petition to the judge. Your chances of success are much higher with an experienced attorney. Shek Law, knows the process, what factors the court will look for, and how to present your argument. Let’s get your record cleaned.

When are criminal records automatically expunged?

With the proper requests, the following scenarios should qualify for automatic expungement:

• You were acquitted.
• Your case was dismissed.
• You completed a stay of adjudication, and a year has passed since your probation ended.
• Your sentence was diverted, and a year has passed since you completed probation.
• A judge continued your case, and you were discharged from probation.

When can you request expungement if it’s not automatic?

• Two years after the discharge of probation for a conviction of a petty misdemeanor or misdemeanor.
• Four years after the discharge of probation for a conviction of a gross misdemeanor.
• Five years after the discharge of probation for a conviction of qualifying felonies.

How do they decide whether to grant your request?

The court will consider the nature and severity of the conviction in question, whether any victims were minors, and any risk that the petitioner may still pose. They’ll also consider recommendations from victims and what steps you’ve taken towards rehabilitation since the conviction.

Can I get my gun rights back?

There are specific conditions you must prove, but yes. If your gun rights were taken away pursuant to a violent crime conviction, you may petition the court to get them back.