Minnesota Expungement Lawyer
A criminal expungement involves petitioning a judge to seal a criminal record. When the record is sealed, it does not show up when a background is performed by employers, landlords, or anyone doing a background check at the county courthouse. The record is not destroyed, but it is sealed from certain individuals. Law enforcement, the FBI, and other such entities can still see it.
A criminal record typically includes everything that has occurred within the legal system, such as the arrest, the release, and the charges that were filed. Even if the charges have been dismissed, they may still show up on the record. This is especially true for convictions and sentences, as well as trial acquittals. These records, even if the charges were dismissed or resulted in acquittal, can play against you.
Minneapolis Criminal Defense Attorneys Clearing Records
An expungement can be difficult to win and is never given if the offense was a violent felony or an enhanceable offense, such as a DWI. If your case was resolved in your favor, you have an increased chance of the record being expunged. For instance, you may have received a continuance for dismissal. You may have even successfully completed a diversion program, you won your case at trial, or you were never convicted for one reason or another.
It is important to always know that an expungement is never guaranteed. However, winning one will be worth the effort. The only way to know whether or not there is a chance is to talk to a St. Paul criminal defense attorney who is knowledgeable in this area.
Successful Navigation Through The Expungement Process
An individual must wait at least 60 days after expungement documents are filed before being granted a hearing on the matter. If the expungement is granted, it will take another 60 days before the court records can be sealed.
There are some serious crimes, such as murder, DWI, and sex offenses that cannot be removed from the record. Adult criminal records are typically public and will include all information surrounding a criminal charge.
What your attorney will do is evaluate the charge or conviction you wish to have expunged and will be able to give you an upfront answer as to whether or not there is a chance that the offense can be removed from the record. If there is, then the petition process will move forward and be filed with the court. From there, you will await the hearing, your attorney will be by your side, and you will learn whether or not you will be able to have the offense removed from your record. If it can be, then you will be able to move forward without landlords or employers seeing the criminal offense or the charge.
Contact A Minneapolis Criminal Defense Lawyer
If you have been charged or convicted of a crime and it is keeping you from getting a job, finding a place to live, going to school, or is causing another type of hardship, you may qualify for an expungement. Only certain types of crimes can be expunged. If you live in Minnesota or Wisconsin and you want to know if you qualify for expungement, call the Anderson Law Firm, PLLC at 952-582-2904 for a free consultation.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.