Legal Question in Criminal Law in Minnesota

Re: expungement

Expungements are useless by order of the Court of Appeals. The BCA still keeps your records. You need to do a pardon extraordinary with the pardon board to have this eliminated.

Contact me via e-mail and I will give you a free consultation about it.

Nathan Hansen

Re: expungement

If you were convicted of the offense, you do not qualify for a statutory expungement. Such an expungement, which seals all recordasm would require a resolutionin your favor such as a dismissal after a diversion program. If you plead guilty or were convicted after trial, you would not qualify.

A judicial expungement can only expunge judicial records. That means any administrative records would remain. The Bureau of Criminal Apprehension is where background checks are carried out usually. It is an administrative agency. As a result, that record cannot be expunged.

A pardon is possible, but for a crime where there was no violence as defined by the pardon statute, you must wait five years after the end of yoru probation periofd before you can apply. the pardon board meets twice per year and, to prevail, you must carefully document a number of things related to your criminal record, employment, residence. Supporting affidavits and other material are also advisable.

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Re: expungement

The expungment statute, Minn Stat Ch 609A, requires no guilty plea and no conviction in order to qualify (unless certain juvenile and first time drug cases). A judicial authority expungment would likely not seal executive branch records, rendering it pointless.

A pardon extraordinary would be the only real hope, in all likelihood.

FFI: http://www.liberty-lawyer.com

http://www.liberty-lawyer.com/expungement.html