Martin S. Azarian has been practicing criminal law for over twenty-two years. He has the courtroom experience and legal knowledge to help you decide if an expungement motion is right for you. Do not put your future, your family, your earning power in jeopardy. The law allows you to protect and perhaps restore your good name. Let Martin Azarian put his twenty-two years of legal experience to work for you! Call Martin S. Azarian at 952-451-4987 for your free telephone consultation.

What is an Expungement Motion?

Generally, an Expungement Motion is request made by person asking the Court to seal the record concerning a crime the person has either pled guilty to or had dismissed. Expungement motions are complicated. The Law Firm of Martin S. Azarian, P.A. has the experience and knowledge necessary to prepare the best possible petition for your situation. Call Martin Azarian at 952-451-4987.

When does the question of expungement motion arise?

There are two situations when this can occur. The first is when a person has been charged with a crime, appears in Court and has his case dismissed. The person then applies for employment only to learn that his application for employment has been denied because the person has a “court record” or “record”. In this instance, a person is often shocked to learn that this offense can remain on the Court’s record forever. And these records are public; visible to anyone with a computer and Internet access. It is important to note that even though the case was dismissed background checking companies will find it! Call the Law Firm of Martin S. Azarian, P.A. In this situation his law firm has the knowledge and experience needed to help you! Call Martin Azarian at 952-451-4987.

The question of expungement can also arise when, after pleading guilty to a crime the person learns that the conviction has consequences far beyond what happened to him or her in Court. Such persons often discover after having pled guilty that they cannot find gainful employment, lease an apartment, obtain credit, cannot become a professional, join the medical or nursing professions, etc. For these individuals, an expungement motion may be the only means to repair the damage done. In this situation his law firm has the knowledge and experience needed to help you! Call Martin Azarian at 952-451-4987.

When Should I Consider Filing an Expungement Motion?

The timing of expungement motion is complicated. However, the biggest mistake a defendant can make when deciding to file an expungement motion is WAITING! Putting off the decision simply extends the time others have to find the information and use it against you. Call the Law Firm of Martin S. Azarian, P.A. He has the experience to answer all your questions and can help you! Call Martin Azarian at 952-451-4987.

What if I Pled Guilty or I had a Stay of Adjudication or Stay of Imposition of Sentence? When Can I File a Motion for Expungement?

Again, the timing of expungement motion is complicated. However, the biggest mistake a defendant can make when deciding to file an expungement motion is WAITING! Putting off the decision simply extends the time others have to find the information and use it against you. Contact Martin Azarian to make an appointment to discuss your options. Call the Law Firm of Martin S. Azarian, P.A. He has the experience to answer all your questions and can help you! Call Martin Azarian at 952-451-4987.

What if I Pled Guilty to Unlawful Possession of a Controlled Substance?

A person who was convicted of unlawful possession of a controlled substance may petition for expungement if the court stayed adjudication of the person’s guilt under Minnesota Statutes, section 152.18, and then dismissed the charges after the person’s successful completion of probation. Call the Law Firm of Martin S. Azarian. He has over twenty-two years of criminal defense experience and he can help you! Call Martin Azarian at 952-451-4987.

Can Employers, Credit Bureaus, Schools, Colleges, Universities, Professional Associations Find My Criminal Case, Even When it Was Dismissed?

Yes! In Minnesota, criminal courts are courts of public record. Any person can go to the courthouse armed with your name and date of birth and discover the offense you were charged with, even if your case was dismissed! To stop this call the Law Firm of Martin S. Azarian, P.A. He has the experience to help stop this from happening to you. Call Martin Azarian at 952-451-4987.

Background Checking Companies

These companies perform a name search on you after you have given permission to do so to your employer, potential employer, school, college, professional board, landlord, etc. Employers, landlords, and schools typically request the background search because insurance companies require it. Professions such as nursing and teaching require background checks because the law requires it. Background checking companies visit the Minnesota Courts website and enter the person’s name and date of birth. Searches using the Court’s database will include all cases, even cases where the charges were dismissed! These companies also contact the Minnesota Bureau of Criminal Apprehension. Is this legal? Absolutely. Can this information be used against you? Yes! Even if the case was dismissed! How do you stop this from occurring. Contact Martin S. Azarian and have his twenty two years of courtroom experience working for you! Call Martin Azarian at 952-451-4987.

What are the Types of Expungement Motions In Minnesota?

It is important to remember that there two types of Expungement Motions in Minnesota.

First: Criminal case ended “in your favor”

Minnesota law allows expungement of a court record if the outcome is “in your favor.” Even if you are found “not guilty” in a criminal case, government offices may still have records about your case. For example, if you are arrested and charged, but the prosecutor later decides to dismiss the case, you may ask for an expungement. If you never entered a guilty plea and you successfully completed a pre-trial diversion program,” you may also qualify for an expungement.
Call Martin Azarian at 952-451-4987.

Second: Criminal case ended “NOT in your favor”

Expungement of a conviction (“not in your favor”) case is possible, but not granted very often. A conviction (pleading guilty or being found guilty) is NOT an outcome “in your favor.” Also, if you pled guilty and received a “Stay of Imposition” or a “Stay of Adjudication” and the charge was later dismissed, this is still considered a conviction for expungement purposes. With the exception of certain juvenile and drug court cases, a guilty plea at any point in the case means the outcome was NOT “in your favor.” Convictions of minor crimes may be expunged only if you can show that you have made real changes in your life and that it is very unlikely that you will commit another crime. In this situation, the law limits the judge’s power to expunge only the Court’s record. Call Martin Azarian.

Call the Law Firm of Martin S. Azarian, P.A. at 952-451-4987. He has the legal knowledge to prepare your expungement motion.

Crimes That Cannot Be Expunged

In Minnesota certain crimes cannot be expunged. Serious crimes like murder, aggravated assault, driving while intoxicated, (DUI, DWI) and sex offender crimes are never expunged.

What if I Was Arrested but I Never Had to Go to Court

If you were only arrested but not charged with a crime, there will not be a court record for that event. Law enforcement agencies and the BCA, however, may have records of the arrest. There is a non-court process for sealing arrest records. Call Martin Azarian at 952-451-4987