Legal Question in Criminal Law in Minnesota

Expungements do not seal the records with the MN BCA. The only thing that can do so is a pardon extraordinary through the Board of Pardons.

You were misinformed about the impact on your record. A Stay of Adjudication involves entering a plea. Entering a plea of guilty is the determining factor for building a criminal record.

Nathan Hansen

651-704-9600

If you successfully sought a pardon, you could then ask for a complete "statutory" expungement that would seal records from law enforcement to BCA and DHS. Pardons are rare, however, and generally reserved for records that are 5 to 10 years old. Right now, you may qualify for an "Inherent Authority" expungement that would seal your court records but nothing else, and which would be of limited help to you.

Another option would be to seek post-conviction relief ("PCR")based on ineffective assistance of counsel, though the law does not favor you. PCR is like an appeal, in which you're saying that your lawyer was incompetent and/or you were misled into a plea. It's a long shot, but not impossible.

With a burglary on your record, you're disqualified from health care employment for 15 years from the date that the case was closed. You can petition for a DHS set-aside, where they look at your record and decide whether you're dangerous to vulnerable people, but this often takes a few weeks to a few months. In order to seek a set-aside, you'll have to apply for a job, get the job, get the DHS disqualification, and then ask for a hearing. Keep in mind that Minnesota's rules about people with criminal records working in health care are stricter than many other states. If you're dead set on this career path, you may want to consider moving elsewhere to pursue it.

As for the housing issue, the law is really not in your favor. I recommend seeing if you can find an independent landlord or subletting a room in hopes of getting around the background check.

I'm sorry this happened to you. My guess is that the Court and Attorney did not completely understand how the criminal records would be used against you or otherwise thought they were giving you accurate information. It's disappointing that you were talked into a plea based on inaccurate information. I hope you find a remedy.

To qualify for expungment under Minn. Statutes Ch 609A, unless one the other two situations apply (juveniles certified and certain first time drug cases under 152.18) the case must have been "resolved in favor of the accused" which courts have interpreted to mean no guilty plea and no conviction. A suiccessfully completed stay of adjudication results in dismissal of the charge without conviction, which is of course good. But since there was a guilty plea, the case would not qualify under 609A. A pardon could be sought however.