| Everyone makes a mistake now and then. | | | | the rehabilitation that the petitioner has |
| Whether driving after drinking one too many or | | | | experienced since the conviction, addresses the |
| assaulting someone during your college years, | | | | reason the expungement is sought (most often |
| there are a number of situations in which good | | | | to improve opportunities for employment or |
| people make poor choices. Often, however, these | | | | travel internationally) and confirms that no |
| offenses continue to haunt an individual as they | | | | subsequent convictions have occurred. |
| mature and seek employment. | | | | Next, the petition is served on the county |
| With a host of electronic resources at their | | | | attorney and any victim involved in the conviction. |
| fingertips, employers have become quite | | | | The victim has a right to receive notice of any |
| sophisticated at performing background checks | | | | expungement petition and may appear at the |
| and potential employees. Once a criminal record is | | | | hearing or submit a written statement in |
| discovered, job offers quickly vanish. The good | | | | opposition to the petition. |
| news is that Minnesota law allows an individual to | | | | Not sooner than 60 days from the date of filing, |
| seek an expungement of their criminal record. | | | | a hearing on the petition takes place. The court |
| An "expungement" involves sealing or destroying | | | | will hear argument from the petitioner's attorney |
| a court record. The process is relatively | | | | about the need for the expungement as |
| straightforward. | | | | measured against the state's interest in |
| First, the party seeking to have their record | | | | maintaining the criminal record of the petitioner. |
| expunged (the "Petitioner") files a petition with the | | | | The less serious the prior crime and the more |
| court in which their prior conviction occurred. The | | | | time that has passed since the prior conviction, |
| petition is a sworn statement given under oath | | | | the more likely it is that the court will grant the |
| that provides a written basis for the request to | | | | petition. |
| expunge. The petition outlines the nature of the | | | | Individuals electing to do so typically retain a |
| conviction (including dates and offenses), describes | | | | Minneapolis criminal lawyer to assist them. |