| Although there are many steps to successfully | | | | client's recollection of her past offenses with her |
| winning a criminal expungement case for your | | | | MN BCA criminal history report. Something just |
| client, likely the most important is carefully reading | | | | didn't seem right. |
| your client's criminal history report. The following | | | | Later, back in my office, I methodically read over |
| explains the process for obtaining and requesting | | | | each arrest listed on the report. I was not sure |
| changes to your client's report in Minnesota. | | | | what I was looking for, but thought maybe I |
| Requesting Criminal History | | | | could glean an answer to the discrepancy. First I |
| The first step in filing a criminal expungement is | | | | looked at each arrest individually and took note of |
| getting your client's complete criminal history. In | | | | the offense date, the statute she was charged |
| Minnesota your client needs to request her | | | | under, the charge itself, and the disposition. Then, |
| criminal history from the Minnesota Bureau of | | | | I compared the arrests to one another. That's |
| Criminal Apprehension (MN BCA). Your client must | | | | when it hit me. |
| either send a written request to the MN BCA or | | | | The Minnesota statute for the crime of theft is |
| go to the office in person. If mailing the request, it | | | | section 609.52. Now compare the section for the |
| must be sent to: | | | | crime of kidnapping, which is 609.25. It appeared |
| Minnesota Bureau of Criminal Apprehension | | | | someone transposed the last two numbers when |
| 1430 Maryland Avenue East | | | | entering my client's information in the MN BCA |
| Saint Paul, MN 55106 | | | | system. Below is how I proceeded in getting the |
| Break Out the Fine-tooth Comb | | | | MN BCA to change my client's criminal history |
| Once your client has her criminal history record, | | | | report. |
| it's essential you look over the record carefully. | | | | Requesting a Correction to the Criminal History |
| Although helping your client file the expungement | | | | First, I wrote a cover letter explaining why I |
| petition and representing her in court is important, | | | | thought there was an error in the report. Then |
| methodically studying the criminal history record | | | | my client wrote a letter also describing the error. |
| should be your top priority. | | | | Together both letters were addressed and mailed |
| Why is focusing intensely on your client's criminal | | | | to: |
| history crucial? Because everyone involved in the | | | | Criminal History Supervisor |
| process of collecting and recording data are | | | | Minnesota Bureau of Criminal Apprehension |
| human and mistakes happen. Catching a mistake | | | | 1430 Maryland Avenue East |
| at this stage, before you file the petition, is | | | | Saint Paul, MN 55106 |
| efficient and it shows your client you are invested | | | | In less than two weeks, an updated criminal |
| in every detail of her case. | | | | history report was mailed to my client, with the |
| Recently I was working with a client with a | | | | kidnapping charge removed. |
| lengthy criminal history. Together we walked | | | | Ultimately, if your client has multiple arrests over |
| through each arrest and charge. There were | | | | a period of many years, taking the time to scour |
| some old arrests that my client honestly had little | | | | her criminal record on the front end of the |
| memory of and had a difficult time recalling. But | | | | expungement process will save you time and |
| there was one charge, kidnapping, that she was | | | | energy. Furthermore, it makes the petition writing |
| positive was a mistake. It did seem odd because | | | | process easier and most importantly it highlights |
| all her other arrests and charges were theft | | | | your dedication to your client. |
| related. I left our meeting trying to reconcile my | | | | |