Everything You Need to Know About Qualifying for Expungement

Apr16

Depending on the crime you were once convicted of, you may qualify for an either full or partial expungement. As one can expect, there are several mitigating circumstances that factor in, but there are some baseline things to attain expungement. With that being said, here’s a breakdown of some of the circumstances that will allow for your charges to be expunged.

Your charges can be expunged from public record in Minnesota if…

  • You were convicted of drug possession as a first time offender and your case was handled under particular laws.
  • If you were convicted of a juvenile offense that was prosecuted in an adult criminal court.
  • If you were found not guilty or your case was dismissed.
  • If you were convicted of contempt, tampering with a fire alarm, bribery and varying types of theft, and fraud.

Depending on the nature of the crime, how much time has passed, and your criminal history, you can qualify for a full expungement as long as the charge was a misdemeanor. If your charges qualify for expungement, here are some things you can do to skew things in your favor.

  • Complete a diversion program or stay of adjudication and avoid being charged of a crime for at least a year.
  • Be convicted with a misdemeanor, receive a stayed sentence and avoid conviction for another crime for two years after the end of your sentence.
  • Be convicted of a gross misdemeanor or receive a stayed sentence and avoid conviction for another crime for at least four years after a sentence.

If your case involves domestic violence, assault, violating restraining orders, stalking, or harassment, then don’t expect to receive a full expungement.

If your case doesn’t fit the criteria above for full expungement, it could still qualify to be banished from public records. However, your charges will still show up in background checks.

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