Facing a criminal record can hinder one’s personal and professional life. Fortunately, expungement can help to seal your record from public view. It’s an excellent way to reduce the negative impact of your criminal record. However, what happens if your application for expungement needs to be more successful? This post provides a guide to appealing the expungement order in Minnesota. Let’s dive in.
Reasons you May Need an Appeal
Before appealing an expungement order in Minnesota, it’s essential to understand why your application was denied. Some common reasons include incomplete petition filling, failure to disclose your criminal history, and not meeting the waiting period requirements. The court may also deny your application if they believe you’re a continuing danger to the community. After understanding the reasons for denial, you can decide whether to pursue an appeal or not.
Timelines to Remember
You have sixty days to appeal the denial of your expungement order in Minnesota. This sixty-day timeline begins from the date the court delivered the judgment. Ensure you comply with this timeline; otherwise, your chance of appealing the case may be lost. It’s crucial to consult with an attorney as soon as possible to ensure you meet all the deadlines and build a strong case.
What Happens During the Appeal Process?
After filing an appeal, a higher court reviews the lower court’s decision. The higher court, usually the Minnesota Court of Appeals, will review the case’s facts and legal arguments. They may overturn or uphold the lower court’s decision or send the case back down for more review or proceedings. It’s essential to have a skilled attorney that can navigate the complex procedures of the appeal process.
The Importance of Hiring an Experienced Expungement Attorney
Hiring a lawyer is essential to appeal an expungement order in Minnesota. It’s a complex legal process that requires expert knowledge and experience to navigate effectively. An attorney with experience in criminal law will have a comprehensive understanding of the legal system, including the appeal process and the various legal arguments that can help your case. In addition, an experienced attorney will help to increase your chances of success.