Expungement Information: Who Carries the Burden of Proof?


The following information addresses both the burden and proof and the factors that Minnesota courts make when evaluating a criminal case in relation the expungements.

Burden of Proof

There are two burdens of proof in a court of law, depending on who exactly bears the burden. If the prosecution bears the burden of proof, they must have evidence that proves the defendant guilty. If the defense bears the the burden of proof, they must provide evidence to clear the defendant of any wrongdoing. In a civil case, the plaintiff must prove to the courts the wrongdoing against them.

Factors regarding expungement:

  • The nature of the crime.
  • The risk posed to the public.
  • The amount of time passed since the crime occurred.
  • The steps you have taken towards rehabilitation.
  • The steps one has taken since committing the crime.
  • Mitigating factors related to the crime, such as one’s involvement and circumstances of the crime.
  • The reason for needing an expungement.
  • The criminal record of the person looking for expungement.
  • Employment record and community involvement.
  • Recommendations from law enforcement officials.
  • Recommendations from victims.
  • Any other relevant information.

For the person filing for expungement, it is important to exemplify a progress in life and show a desire to be a contributing member of society. If you have any questions about the expungement process, reach out to Expungement Lawyer MN. Contact us online or call us at 612-382-4545 to set up a free consultation.

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