EXPUNGEMENT
MINNESOTA
EXPUNGEMENT ATTORNEY
We Help Restore Your Life.
Wilson Law Firm represents expungement clients in the Metro Area and Greater Minnesota.
Wilson Law Firm has represented expungement clients in Hennepin County, Ramsey County, all Greater Metro Counties, and over 20 different Greater Minnesota Counties.
Mr. Wilson has also represented expungement clients before the Minnesota Court of Appeals, including a published opinion.
Why Choose Wilson Law Firm?
Wilson Law Firm’s practice focuses significantly on expungements and other post-conviction remedies.
Mr. Wilson is highly experienced and knowledgeable in expungement law and has had numerous successful statutory and judicial expungements of adult and juvenile records throughout Minnesota.
Wilson Law Firm is dedicated to helping its expungement clients in a nonjudgmental, compassionate, and highly effective way.
PRACTICE AREAS
ADULT CRIMINAL RECORDS
Wilson Law Firm helps its clients expunge adult criminal records via statutory law and inherent judicial authority.
JUVENILE RECORDS
Wilson Law Firm helps its clients expunge their juvenile adjudication records.
ARREST RECORDS
Wilson Law Firm helps its clients expunge their arrest records.
WHAT CLIENTS SAY
It was a wonderful experience working with Thomas on my expungement case. He guided me through each step all the way through the hearing. Excellent experience. Thank you!
I have nothing but the strongest recommendations for you and your firm. I cannot express the magnitude of thankfulness I have—you have restored my ability to provide for my family and my wife.
I felt very much at ease with Mr. Wilson’s non-judgmental professional [service] and patience. Mr. Wilson kept me well informed throughout the process, and the end result exceeded my expectations."
You were professional and worked hard to ensure my success, and I was beyond thrilled with the case results! I finally feel free from the past that used to haunt me, and now I am able to move forward in my life and career.
Wilson Law Firm made the process completely easy. From the first phone consultation, Thomas was very open, non-condescending, and straight to the point. I was very satisfied with the results of my case.
CASE VICTORIES
- State of Minnesota vs. D.C.
- September 14, 2018
- Carver County District Court
- Statutory Expungement(s) Granted (Domestic Assault; Damage to Property; Violate No Contact Order)
- State of Minnesota vs. E.A.
- June 13, 2018
- Polk County District Court
- Inherent Authority/Judicial Expungement Granted (Second-Degree Burglary (Felony))
- State of Minnesota vs. T.L.
- May 2, 2018
- Anoka County District Court
- Statutory Expungement Granted (Felony Theft)
- State of Minnesota vs. J.H.
- April 25, 2018
- Hennepin County District Court
- Statutory Expungement Granted (Fifth-Degree Criminal Sexual Conduct (Gross Misdemeanor))
Minnesota Expungement Law Summary
Minnesota’s statutory laws and case law govern the expungement (sealing) of criminal records.
The following laws are a complicated interconnection of three basic areas: (1) the expungement (sealing) of records; (2) the collection; storage; and use of criminal records; (3) collateral sanctions.
The following is a brief summary of the first Minnesota’s expungement law.
Adult Criminal Records
In Minnesota, criminal charges and convictions result in multiple criminal records. These records include (in part) court records; law enforcement records; executive branch records; and records held and disseminated by the Minnesota Bureau of Criminal Apprehension.
These criminal records can negatively affect your life in many ways, including problems obtaining housing and employment.
To address these problems, Minnesota Law created the “Second Chance Law” to provide an effective remedy to expunge all records related to criminal convictions.
The following is a summary of Minnesota’s Statutory Expungement Law.
STATUTORY EXPUNGEMENT
Statutory expungement allows for the expungement of both judicial branch (court) and non-judicial/executive branch records (e.g. Minnesota Bureau of Criminal Apprehension Records; law enforcement records.)
A statutory expungement seals the records, but the records are not destroyed or returned to the subject of the record.
The sealed records are not allowed to be accessed or used except in very limited circumstances.
CASES RESOLVED IN PETITIONER'S FAVOR
Criminal records can be statutorily expunged in certain types of case dispositions resolved in a petitioner’s favor.
In these types of cases, a petitioner must prove that the case was resolved in their favor. If the petitioner proves the case was resolved in their favor, the court must grant the expungement unless it or an affected agency opposing the expungement can prove (with clear and convincing evidence) that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.
Examples:
Dismissed Cases: Cases that were criminal charges were filed, but the case was ultimately dismissed without a guilty plea or other admission of guilt made to the court.
Cases Continued for Dismissal: Cases were the prosecutor agreed to continue the case for a specific period; the defendant made no guilty plea or other admission of guilt.
PETTY MISDEMEANOR CONVICTION
A petty misdemeanor is not defined as a crime in Minnesota, but a petty misdemeanor record can still be problematic when trying to obtain housing or employment. One of the most common petty misdemeanor convictions is for theft (shoplifting).
All records relating to a petty misdemeanor conviction can be expunged if the petitioner proves by clear and convincing evidence that the expungement with give them a benefit equal to the disadvantages to the public/public safety in sealing the record and burdening the court and public authorities to issue, enforce, and monitor the expungement order. The court examines multiple factors when making its determination.
The statutory waiting period for a petty misdemeanor expungement is at least two years from the discharge of the petitioner’s sentence. The petitioner must not have been convicted of a new crime within the two-year waiting period.
MISDEMEANOR CONVICTION
Minnesota Law defines a misdemeanor as an offense punishable by up to 90 days confinement and/or a $1,000.00 fine. Common misdemeanors include theft, DWI, and disorderly conduct.
All misdemeanor conviction records can be expunged if the petitioner proves by clear and convincing evidence that the expungement with give them a benefit equal to the disadvantages to the public/public safety in sealing the record and burdening the court and public authorities to issue, enforce, and monitor the expungement order.
The statutory waiting period for a misdemeanor expungement is at least two years from the discharge of the petitioner’s sentence. The petitioner must not have been convicted of a new crime within the two-year waiting period.
GROSS MISDEMEANOR CONVICTION
Minnesota Law defines a gross misdemeanor as an offense punishable by up to one year confinement and/or up to a $3,000.00 fine.
Records relating to a gross misdemeanor conviction can be expunged if the petitioner proves by clear and convincing evidence that the expungement with give them a benefit equal to the disadvantages to the public/public safety in sealing the record and burdening the court and public authorities to issue, enforce, and monitor the expungement order.
The statutory waiting period for a gross misdemeanor expungement is at least four years from the discharge of the petitioner’s sentence. The petitioner must not have been convicted of a new crime within the four-year waiting period.
FELONY CONVICTION
Minnesota Law defines a felony as an offense punishable by more than one year confinement and/or more than a $1,000.00 fine.
Certain felony conviction records can be expunged if the petition if the petitioner proves by clear and convincing evidence that the expungement with give them a benefit equal to the disadvantages to the public/public safety in sealing the record and burdening the court and public authorities to issue, enforce, and monitor the expungement order.
The statutory waiting period for a felony expungement is at least five years from the discharge of the petitioner’s sentence. The petitioner must not have been convicted of a new crime within the five-year waiting period.
Not all felony convictions can be statutorily expunged. Only statutorily-designated felonies can be expungement (e.g. Fifth-Degree Controlled Substance Crime; Theft.)
DIVERSION PROGRAM
Pretrial diversions programs are used in several different Minnesota jurisdictions for non-violent/property and drug crimes, usually involving first-time offenders.
In a typical diversion program, the participant’s criminal charge(s) are suspended pending the successful completion of the program. If the participant successfully completes the program their charge(s) are dismissed absent a conviction or guilty plea.
All records relating to a case where a petitioner has successfully completed a pretrial diversion program can be expunged unless the agency or jurisdiction affected by the expungement proves by clear and convincing evidence that the interests of the public/public safety outweighs the disadvantages to the petitioner of not sealing the record(s).
The waiting period for this type of expungement is at least one year since the completion of the diversion program.
STAY OF ADJUDICATION
A stay of adjudication occurs when a defendant pleads guilty, but the court does not accept/adjudicate the guilty plea. The court then imposes intermediate conditions that can include a fine, probation, or treatment. If the defendant successfully completes the terms and conditions of their sentence, the charges are dismissed without a conviction.
All records relating to a case where a petitioner has successfully completed a pretrial diversion program can be expunged unless the agency or jurisdiction affected by the expungement proves by clear and convincing evidence that the interests of the public/public safety outweighs the disadvantages to the petitioner of not sealing the record(s).
The waiting period for the expungement of records relating to a stay of adjudication is at least one year since its completion.
DISMISSAL OR ACQUITTAL
All records relating to criminal cases that were ultimately dismissed or resulted in acquittal without a formal admission of guilt recorded by the court can be expunged.
There is no filing fee for this type of expungement and the burden of proof shifts to the state once the petitioner proves the case was resolved in their favor (dismissal or acquittal without an official admission and finding of guilt).
There is no statutory waiting period for this type of expungement.
ARREST RECORDS
Arrest records that do not result in criminal charges can be returned to the subject of the records without a petition. This process differs from an expungement because the records are not merely sealed from the public, but given back to the subject of the arrest records.
A request for the return of arrest records is made directly to the agency in possession of the records.
There is no fee or waiting period related to the return of arrest records.
JUDICIAL EXPUNGEMENT
There are certain convictions (numerous felonies) that cannot be statutorily expunged, but can be expunged via the inherent power/authority of the court. Common felonies that fit into this category include burglary and motor vehicle theft.
This type of expungement remedy is limited to expunging/sealing the court’s records and does not seal non-judicial records (e.g. law enforcement records; Minnesota Bureau of Criminal Apprehension Records.)
A judicial expungement is defined as an “extraordinary remedy” and the petitioner must prove by clear and convincing evidence that the expungement will benefit the petitioner equal to the disadvantages to the public/public safety in sealing the records and burdening the court and public authorities to issue, enforce, and monitor the order.
The court examines several factors when making its determination. For example, the length of time since the crime occurred, the nature/severity of the offense, and the problems the record has caused.
Juvenile Adjudication Records
Minnesota Law allows individuals with a juvenile record to expunge all records relating to their juvenile delinquency proceeding if the court determines that the expungement would provide a benefit to the petitioner that outweighs the detriment to the public/public safety in sealing the record and the burden on the court and affected agencies in issuing, enforcing, and monitoring the order.
The court reviews several factors when determining whether or not to grant the expungement of a juvenile record. Some of these factors include the circumstances, nature, and severity of the offense; and the petitioner’s age, education, experience, and background at the time of the offense.
There is no statutory waiting period for a juvenile record expungement.
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OFFICE
WILSON LAW FIRM P.L.L.C.
First National Bank Building
332 Minnesota Street
Suite W-3172
St. Paul, MN 55101
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