Legal Question in Criminal Law in Minnesota

Qualifying for Expungement and Process

I recieved a minor in consumption earlier in the year. I paid the fine and never had to appear in court.

My question is, how would or could I go about getting this expunged? I hear that you need to write some sort of petition to the judge that you apeared before in court, however, I never went or had to go to court. So based off that, am I able to get this and what would be my first steps to go about it?

Follow up, are there any other ways in which to seal or remove this from my record? And if sealed or removed, is there a way for companies when seeking employment to see this or to re-open it?

This is my first and only offence.

Thank you for your time.


Asked on 11/11/05, 3:08 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Qualifying for Expungement and Process

In order to qualify for relief under Minnesota's expungment statute, Section 609A, you must have been a juvenile certified as an adult; or a disposition available to certain first time drug offenders; or the proceedings must have been resolved in your favor, which the courts have interpreted to mean no conviction or guilty plea. Since you apparently pled guilty by paying the fine, this remedy would appear to be unavailable to you.

The other legal basis for expungment relief, the court "inherent authority" over its proceedings, according to a relatively recent appellate case, could not result in an order to seal "executive branch" law enforcement records, which renders the remedy virtually worthless.

Your best chance would likely involve asking the court to re-open your case, which they generally will do when you've just "paid the fine" if you post some bail money to the court to get a court date. Then, hire a lawyer and try to get a result with no conviction and no guilty plea. If you succeed in that; then pursue and expungment under Minnesota's expungment statute.

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Answered on 11/11/05, 6:20 pm


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