What is the difference between a motion to “seal” a case versus a motion to expunge?

Some convictions cannot be expunged. For a list of convictions that can be expunged look at Minnesota’s expungement statutes, 609A.02 and 609A.03. There you will find convictions that can be expunged. If you are unsure if your case can be expunged call an experienced expungement lawyer with over twenty years of courtroom experience. Call Martin Azarian.

Those convictions that cannot be expunged can possibly be sealed. However, a sealing motion will not seal or “hide” records outside the four walls of the court house. Convictions that are more than fifteen years, but cannot be expunged are still eligible to be sealed. Since the court’s record is the only record the public may have access to, sealing the court’s record may be as effective as an expungement.  There no hard and fast rules to determine if a person qualifies for a sealing motion. An experienced expungement lawyer can help. Is the conviction more than fifteen years old from the date of completion of probation? Has the person rehabilitated himself? Has the person suffered some hardship because of the conviction such as loss of employment or housing? These elements can assist an expungement lawyer determine whether you are good candidate for a sealing motion.

A motion to expunge is request made by a person, usually with the help of an expungement lawyer asking the court to expunge all records concerning the conviction. Not all convictions can be expunged. An experienced expungement lawyer can determine if you are a good candidate for an expungement motion. The passage of time, the outcome of the case, the nature of the original charge, rehabilitation, and hardship resulting from the conviction are some of the factors an Minnesota expungement lawyer will look at to determine whether a person is good candidate for an expungement motion.