When Can I Ask the Court to Expunge my Case?

Determining when you can ask a court to expunge your case is a crucial part of the decision making process when it comes time to consider whether to move forward the expungement process.

Having an experienced Minnesota Expungement Lawyer on your side with a proven track record of victories is critical if you want to have a reasonable chance of success.

The timing of when to file an expungement motion is controlled by Minnesota’s Expungement Law and the timing can be complicated depending on how the type of case and how was resolved. In cases where the matter was dismissed outright by the court or prosecutor an expungement motion can be filed almost immediately. Cases involving a continuance for dismissal or agreement to suspend prosecution require to person to wait at least one year. Cases resolved with Diversion or Stay of Adjudication require the person to complete the diversion program or probation and wait one additional year.  Cases involving a conviction may require the person to wait as much as two, three, four or five years depending the level of conviction. Some convictions cannot be expunged using Minnesota’s Expungement Law. If that is the case, a sealing motion may be the only option. Sealing motions can be filed any time, but are most effective fifteen years from the date of completion of probation.

Knowing when to file an expungement motion is critical. File too early and the petition will be denied. If you are looking for an experienced Minnesota Expungement Lawyer, call Martin S. Azarian Criminal Defense, P.A. today at 612-343-9000 or 952-975-0663. Martin Azarian is an experienced Minnesota Expungement Lawyer who has over twenty years of courtroom experience.