Legal Question in Criminal Law in Minnesota

Re: Criminal Record

Thank you for your question which, in effect, asks about the expungement of a criminal record.

The first thing you must realize is that nothing really ever disappears on your "record." Quite frankly, even cases that were charged, but later dismissed, will still show up if someone checks the county where the case was filed and does a search by defendant name.

This leads to the second point -- that what constitutes a "record" is far less definite than most people think. When someone askes about their "record," they often imagine there is some sort of master list shared by law enforcement agencies that contains a report of all criminal charges or convictions. That is not entirely accurate. Your record may include judgments of conviction, but may also include a list of all cases in which you were a named defendant, even if those cases were all dismissed. It all depends on how deeply someone is searching, and in what jurisdictions.

Finally, this leads us to the last point. The only way to eliminate something from the public record (and even this can be an imperfect remedy, although it is better than doing nothing) is to file a petition for expungement.

The expungement statute is in Minnesota Statutes section 609A.01 - 609A.03. This statute describes the manner in which a criminal record may be expunged. You must file a petition, and even when doing so, there is no guarantee the petition will be granted. You are not automatically entitled to an expungement. If fact, in light of the increasing concern over national security, it is getting very difficult to expunge any prior offense. Whether a conviction can be expunged depends on the nature of the crime, your subsequent record, how many years have passed since the conviction, what you have done with your life, etc. You can find this statute by going to my web site (that is referenced in my "profile") and click on the "links" tab. Select the link for the Minnesota Statutes and then select the link for the table of contents and go to chapter 609A.

All of this assumes you are seeking the expungement of a conviction by a Minnesota Court. If you were convicted in another state or in federal court, you would have to comply with the law of the state, or (in the case of a federal offense) make an application to the pardon office.

You can certainly try this on your own, but it is a rather slow, difficult and somewhat tedious process without any guarantee of success. A lawyer can certainly help with the process, and will steer you clear of common mistakes, but even a lawyer cannot guarantee success.

I understand your dilemma and wish you luck. If you have further questions, or need assistance, my contact information is below.