Legal Question in Criminal Law in Minnesota

Re: felony

Thank you for your question regarding the expungement of a criminal record.

The expungement statute is in Minnesota Statutes section 609A.01 - 609A.03. This statute describes the procedure for filing a petition to expunge a criminal record. Even if your conviction is nearly thirty years old, there is no guarantee the petition will be granted, since you do not have a right to expungement. In light of the increasing concern over national security, it is getting very difficult (although not impossible) to expunge the record of prior offenses. Whether a conviction can be expunged depends on whether there were any aggravating factors, your subsequent record and character, 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. You would be well advised to have a lawyer assist you with the process. Over the years, I have obtained expungement orders -- all of which involved prior convictions for property crimes. In general, the process has taken about six months to a year.

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