Legal Question in Criminal Law in Minnesota

Re: How do you get a record exponged?

In Minnesota State court cases, there are two paths to what is commonly called "expungement" of criminal records. First, is the expungement statute -- Minnesota Statutes Chapter 609A. To have grounds for an expungement order under that statute, the case must have been "certain controlled substance offenses;" "juveniles prosecuted as adults;" or "certain criminal proceedings not resulting in conviction."

The other path to "expungement" is the "inherent authority of the court" to expunge criminal records, which can be attempted even in situations the statute does not remedy.

The best way to attempt to get a criminal record expungement is to have an experienced criminal defense lawyer help you with it -- such as myself. There are technical intricacies and traps for the unwary, in cases like these.

Your question states that you pled guilty. Normally this would mean that you cannot petition for a criminal record expungement under the expungement statute (unless one of the other two grounds apply, though nothing you stated indicates that they would).

You could try for a "Court's inherent authority" expungement, but with a domestic assault conviction that would be quite difficult.

It may be possible to (have your lawyer) make a motion to the court to withdraw your guilty plea and vacate your conviction, presumably with the active support of the alleged victim in the underlying case. Were that granted by a court, it might then be possible to seek an expungement under either or both grounds -- statutory or judicial.

What steps can you take to improve your chances? Learn about the law. Get a lawyer to help you with it. That would increase your chances but it may be an uphill fight.