Legal Question in Criminal Law in Minnesota

expungment

how do i go about getting an expungment? i was covicted of wrongfully getting assistance, 10 years probation to pay back fine. 9 & 1/2 years everything was fine, i moved, mail did not keep up and i missed 2 meetings. i paid the remainder of fine in full, and all was to drop off record, but it is still there. how do i get it removed?


Asked on 8/20/08, 12:22 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: expungment

If you were "convicted" or pled guilty to that Minnesota crime, you would not qualify for expungement under Minnesota Statutes Chapter 609A (as currently written). You could still make a motion to the court for an "inherent authority expungment" even in that situation, but would most likely need a good criminal lawyer help you with that, and it may present some difficulty.

Given statements in your question, it sounds like you first may wish to determine the current status of your criminal case. You could go look at the court's files to see. Another possibility would be to call the probation office at that courthouse.

Even if you don't get an expungement, it may be valuable to make sure that the plea has been vacated, and the charge dismissed, if you had a stay of adjudication by agreement originally. If there is a problem, it would be valuable to you to fix it if you can to make sure the plea does get vacated and charge dismissed.

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Answered on 8/20/08, 3:52 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: expungment

It sounds like you were part of a diversion program. Whether or not you qualify for the expungement depends on whether or not you properly completed all of the conditions necessary for the charge to be dismissed. if you did not, you would not likely qualify for the expungement.

For a Free consultation call 612.240.8005.

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Answered on 8/20/08, 11:39 pm


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