Legal Question in Criminal Law in Minnesota
expundgment
how hard is it to have a petty misd. for theft expundged? Is it expensive?
2 Answers from Attorneys
Re: expundgment
A petty misdemeanor is not a criminal offense and, therefore, cannot be expunged because no criminal record exists. However, if the offense was charged as a misdemeanor theft and, as part of the plea agreement, reduced to a petty misdemeanor, you may seek to have any records related to the misdemeanor theft expunged. You would be entitled to such an expungement by statute.
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Re: expungement
Under the Minnesota Expungement Statute, Chapter 609A, a criminal history can only be expunged if there was no guilty plea and no conviction (except for certain juvenile cases, and first time drug cases). Since a petty misdemeanor is not a crime under MN law, it might be possible, however.
You could try to do an expungement case yourself without a lawyer, but most cases I've seen where people try this end up doing it wonrg, and failing. A lawyer's help with this would likely cost a few thousand dollars.
FFI: http://www.liberty-lawyer.com
http://www.liberty-lawyer.com/expungement.html
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