Legal Question in Criminal Law in Minnesota

how to exsponge my record

I was arrested in 1997 for felony theft. It was my first offense. I was found guilty and put on a diversion program. I successfully completed the program and the charge was taken off my record. It is still on my record as an arrest. I want it off. It is really damaging my job placement. i have no other arrests or charges. How do I go about doing this asap!


Asked on 6/15/06, 6:47 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: how to expunge my record

If you were in a pretrial diversion program, then you would not have pled guilty, at least in every pretrial diversion I have seen.

If you successfully completed pretrial diversion without a guilty plea and the charge was later dismissed, then you would qualify for relief under Minnesota's expungement statute, Chapter 609A. It takes several months to complete an expungment under that statute, because the statute requires waiting periods to make things easy on the state. But, usually, if a person qualifies for relief under the statute, they eventually get it.

You try to do it without a lawyer with forms available from the court. As you might expect, the expungements I help my clients obtain are superior and more effective than those that result from people trying to do it themselves.

As you know, an criminal record can cost a lot of money every year in lost income, alone.

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Answered on 6/16/06, 7:58 pm
Maya Sullivan Law Office of Maya C. Sullivan, LLC

Re: how to exsponge my record

If you successfully completed a diversion program, you are generally entitled to expungement of your record. In total though it is usually about a 4-5 month process. At least 60 days notice must be given to all relevant law enforcement agencies and prosecuting offices. After the hearing, assuming it is granted, there is another 60 day wait before expungement takes effect.

I would be happy to talk with you in more detail about your specific situation. I have reasonable rates and will be candid about your situation. Feel free to give me a call.

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Answered on 6/16/06, 10:42 am


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