The question of whether a case or conviction can be expunged depends upon the age of the case or conviction, the original charge, was it pled down or dismissed, was there diversion or a stay of adjudication? Only an experienced Minnesota Expugement Lawyer can provide you with the necessary information to determine whether your case can be expunged. That is why it is important for you to meet with an experienced Minnesota Expungement Lawyer as soon as possible to determine if your case can be expunged.
Here as some pointers: As a general rule, cases that were dismissed outright by the prosecutor can be expunged. For instance if the prosecutor lacked evidence or an eye witness and the case was dismissed without any conditions, such cases can be expunged.
Cases where the matter was continued for dismissal or the person received a Stay of Adjudication or Diversion can expunged. However, for these matters there is a waiting period before the petition can be filed and heard by the court. This does mean, however that the court will grant the motion. Prosecutors and other agencies do object to these requests so being prepared when you go to court is very important.
Convictions for petty misdemeanor offenses and most misdemeanor or gross misdemeanor convictions can be expunged. However, as with many cases, there are strict waiting periods before a motion or petition can be filed with the court. File too early and the request will almost certainly be denied.
Felony convictions are the most problematic. Convictions for violent felonies cannot be expunged. However, certain non-violent felonies can be expunged provided the appropriate amount of time has passed and the person has been law abiding. Minnesota Statute 609A.02 lists the felony crimes that can be expunged. However, it is important to sit down with an experienced Minnesota Expungement Lawyer to determine if your case can be expunged.
In the case of certain felony convictions that cannot be expunged, if enough time has passed a sealing motion may be appropriate to seal the court’s record. In some instances, it may be that the only record available to the public is the court’s record. If that is case, a sealing motion may accomplish much of what you are seeking.
It is important to remember expungement process and expungement law are very complicated. The courts do not automatically grant expungement motions. It is important to remember that expungement requests are not a matter of “filing out forms and going to court”. Hiring the right lawyer may make all the difference. If your past concerns you and you wish to discuss whether you are a good candidate to have your case expunged call Martin Azarian, an experienced Minnesota Expungement Lawyer with an impressive record of winning expungement cases. Call Martin Azarian at 612-343-9000 or 952-975-0663.