Legal Question in Criminal Law in Minnesota

You are asking the court to grant you relief based on the principle of Inherent Authority, which means you have to show that it is in the interest of justice to seal your record. In other words, why was your conviction unfair or illegal, or how would the benefit to you of sealing the record outweigh the social loss of keeping your theft conviction a secret.

I like to start by talking about why the expungement would benefit you - what you could or would gain from the expungement. Try to speak in concrete terms - I've lost this job opportunity or that housing opportunity, or the record doesn't reflect on my character because ____. Next, talk about how things are different for you now than they were at the time of your arrest and conviction. Finally, talk about why you aren't a danger to society (active in the church, not hanging out with old friends) and how society will benefit if you receive the expungement.

As for your nursing license, DHS will likely deny you a license for 7 years from date of conviction, whether or not it's expunged. When you have a theft conviction (as opposed to an arrest, dismissal, juvenile adjudication, or drug conviction), the court generally will only seal judicial branch records, not records held by the BCA or DHS or other executive/enforcement branches of government. You may apply for a variance or appeal any license denial, but that's separate from the expungement.

For what it's worth, BCA objects more often than not to expungements. Don't take it too personally. Good luck!

Expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records.

There are also Judicial expungements. Such an expungement is entirely up to the Judge as to whether it should be granted. This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement unless there is an overiding basis that requires the expungement in the interests of justice. The courts have ruled that seeking better employment or promotions would not be a basis to expunge adminstrative records.

Administrative agencies generally are the plces where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension. This is an executive agency. As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment.

Since you were convicted, a statutory expungement is not possible and a judicial expungement, though possible, is not likely.