Legal Question in Criminal Law in Minnesota

Record sealing

In Minnesota, a domestic assault conviction can be passed down for basically ''scaring'' somebody with no physical contact what-so-ever. That being said, I now have a nice blemish on my otherwise clean record for pulling the hair of a woman who was physically assaulting me. I figured that this would only affect my views on the justice system, but I was wrong. While it is ''only'' a misdemeanor, I found that I cannot get a job in the field for which I have spent my whole life training for because of it. I know that it is possible to have a record sealed to keep people from losing their whole world for something so ridiculous and I need to receive advice as to how this can be accomplished. I am not absolving my responsibility for the hair pulling, but I need a job and I don't see how it benefits society to have another unemployed individual unable to do anything but bag groceries. Please help!!!


Asked on 12/22/08, 10:02 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Record sealing

Unfortunately, in order to have high liklihood of success with a subsequent expungement motion (to seal public records) an accused must avoid both a conviction and a guilty plea. One idea would be to attempt to reopen the case, by making a motion to withdraw the guilty plea. Otherwise, the only remaining option might be an "inherent authority" (of the court) expungement motion, which might not seal "executive branch" records; or, seeking a "pardon extraorddinary."

FFI: http://www.liberty-lawyer.com/expungement.html

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Answered on 12/23/08, 12:06 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Record sealing

The laws on Minnesota expungement are forever evolving. At present, a court cannot expunge administrative records related to a criminal conviction where the person was found guuilty of the offense or entered a plea to the offense. Adminstrative records are maintained by the Bureau of Criminal APprehension which is where most background checks are performed. As a direct result, in the matter you present, an expungement would do you no good.

The best time to fight such charges is when the case is pending. Generally, cases for domestic assault are very weak in the sense that they fall into the category of a "he said -she said" case in most instances. Proving the offense beyond a reasonable doubt is often difficult for a prosecutor. Accordingloy, hiring experienced counsel and presenting an aggressive defense is imperative to a favorable result.

For Minnesota issues visit criminal-law.tv or call 612.240.8005.

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Answered on 12/23/08, 3:00 pm


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