expungement

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expungement *

topic: EXPUNGEMENT

Having a criminal record (records of arrests, charges, court proceedings) can impact a person long after their court case is resolved, maybe even for the rest of their life. A record can prevent someone from working in a particular industry, accessing educational opportunities, securing stable housing, and many other life goals. These impacts of a record are often called collateral consequences because they are different from the direct consequences of a legal case (ex: paying a fine, incarceration). 

Expungement is the court process in which a judge orders a criminal record to be sealed. Note: Expungements seal records but do not destroy them. The expungement process, though not always easy, is an important way that many people can overcome the difficulties associated with having a criminal record.

Expungement

This video takes a look at some of the most common misconceptions when it comes to the expungement process.

What is the criminal expungement process?

The process for criminal expungement can be a lengthy one. That is not to discourage anyone, but to educate community members on the necessary steps so that you can be informed when beginning the process, and advocate for change.

The expungement process starts by gathering your records from the courts and the Bureau of Criminal Apprehension (BCA). From there, we recommend meeting with an attorney. You can schedule a consultation with an attorney at the Legal Rights Center, or any number of other community organizations. An attorney will be able to guide you through the application process.

Once the petition (application) is complete out, it must be filed with the Court Administrator in the judicial district that has your record. At this time, a fee will be due, unless you qualify for a waiver.

Once petition is processed, the courts will notify you of your court date. At the court hearing, the judge will decide whether or not your petition will be granted and if your record will be sealed. The entire process often takes at least six months.

When am I eligible?

Eligibility to petition for an expungement depends on a number of factors, including how your case was resolved and the amount of time that has passed since court jurisdiction ended. Here are the current time requirements in order to be eligible for expungement in the state of Minnesota:

  • Juvenile records: You are eligible for expungement as soon as you are off court supervision. This means that once you’ve completed probation, or any court ordered program, you are able to start your expungement process. 

  • Adult records: Eligibility for expungement for adult records depends on a number of factors dealing with the individual's record.

    • Adults with cases that were resolved in their favor are eligible for expungement at the end of that specific case. This means that if an adult’s case was dismissed or if the person was acquitted they could move to expunge that charge of their record immediately.

    • Adults who have successfully completed a diversion program or stay of adjudication are eligible for expungement after completing at least one, crime free year after the end of their court ordered program.

    • For all adults seeking expungement who have been convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor must complete at least two, crime free years. Once the adult has completed at least two, crime free years from the completion of their conviction or stayed sentence, they may file for expungement.

    • Adults who have been convicted of or received a stayed sentence for a gross misdemeanor and have not been convicted of any new crimes for at least four years since their release date are eligible for expungement.

    • An adult who has a felony conviction or a felony that was stayed is eligible for expungement if the felony violation is listed in Subdivision 5, paragraph (b) in Minn. Stat. 609A.02. Even if the felony is found in paragraph (b) the individual must still wait 5 years from the date of discharge of the sentence for the crime. 

What could be different?

There are initiatives that advocate for better alternatives to the formal expungement process that we have today. States are pushing nationwide to provide quicker and easier pathways to give individuals a better chance at a second chance. For instance, ‘Clean Slate’ is a bipartisan model that works to promote and expand eligibility for arrest and convictions to be cleaned off an individual's record automatically if the person stays crime-free for a period of time. In Minnesota, the Clean Slate Act is HF 1152, which has been before the legislature for numerous years.

Lesson Plan

WANT A DEEPER DIVE ON EXPUNGEMENT?

Click below to view our expungement lesson plan