This guide breaks everything down into simple questions and answers so you can understand what expungement means, how it works, and what to expect—especially if you’re dealing with a domestic violence conviction.

What is expungement?

Expungement means sealing your criminal record so it’s no longer visible to the public. But expungement does not erase your record. Some government agencies—like law enforcement agencies or immigration can still access it.
If you get your record expunged, most landlords, employers, and schools will not be able to see your criminal past.

Can a domestic violence conviction be expunged in Minnesota?

A judge will base the decision on several factors. Some of which are:

• The nature of the domestic assault conviction
• How long ago the conviction happened
• What you’ve done to rehabilitate yourself
• Whether you’ve stayed out of trouble since
• The type of harm the record is causing you

Domestic violence convictions are serious, so the court will look closely at your case. Some domestic violence-related crimes may qualify for full expungement, while others may not.

To know for sure, it’s best to talk to a lawyer like Mark Herman, who knows the laws in Minnesota.

What’s the difference between full, (statutory), and partial, (inherent authority), expungement?

Full expungement means the court can order all government agencies (like the police, prosecutors, and other state agencies) to seal their records.

• Partial (inherent authority) expungement only seals the court records. Other state agencies that have a record of your conviction will not be ordered to seal that record.
• Full (statutory) expungement is stronger, but not always possible, and all agencies that may have your record will be ordered to seal the record.

Why should I expunge a domestic violence conviction?

Having a domestic violence conviction can make life harder. It might show up when you:

• Apply for a job
• Try to rent an apartment
• Try to get a professional license (like to work in healthcare or childcare)

Expungement helps give you a second chance by hiding that record from most background checks.

Am I guaranteed to get my record expunged?

No, there’s no guarantee. You must convince the judge that sealing your record helps you more than it hurts the public.

The judge will look at things like:

• How serious the crime was
• How long ago it happened
• What you’ve done to turn your life around
• Your work and community involvement history
• Whether you’ve had any more legal trouble

How do I know if I qualify for expungement?

Generally, you might qualify if:

• Enough time has passed since your sentence ended
• You haven’t had other legal issues since
• Your crime is one the law allows to be expunged

Some non-violent misdemeanors are easier to expunge. Domestic violence convictions are harder and often require legal help to review your eligibility.

How do I ask for expungement?

If your case hasn’t been automatically expunged by the court (some simple cases are), you’ll need to:

• Draft a Notice and Petition for Expungement and other accompanying documents
• Serve them to on government agencies
• File the forms with the court
• Go to a court hearing

The whole process takes at least 6-7 months.

What happens at the court hearing?

You’ll go to court and explain to the judge why you need your record sealed. The judge may ask questions. Agencies like the police or state departments can and may object to your request. If that happens, you’ll need to respond.

The judge will decide within 90 days, and if you win, your record will be sealed after another 60 days.

How much does expungement cost?

The cost of expunging a record depends on two factors:

• The filing fee, which is paid to the court
• The attorney fee

If your case was dismissed or you were found not guilty, you will not have to pay a filing fee. But if you were convicted—even if the conviction was later removed—you may have to pay.

If you can’t afford the filing fee, you can apply for a waiver based on your income.

Can I do this without a lawyer?

Expunging a record is not easy. Expungement involves a lot of paperwork, deadlines, and legal steps. You’ll also need to deal with objections from government agencies if they disagree with your request.

Hiring an expungement attorney—like Mark Herman—can make the process smoother and improve your chances.

Where can I get a copy of my criminal record?

If you want to see what your criminal record looks like, You you can request it from:

• The District Court where your case was handled
• The Minnesota Bureau of Criminal Apprehension (BCA)

Keep in mind: your court record and BCA record might look different, so get both if you can.

Will my record disappear completely?

Expungement does not delete your criminal record. Expungement seals the record so that it is not available for employers or landlords to view.

An expunged record is able to be viewed for:

• Purposes of a criminal investigation, prosecution, or sentencing
• Purposes of evaluating a prospective employee in a criminal justice agency
• Purposes of a background study under by the Department of Human Services unless the court order for expungement is directed specifically to the Commissioner of Human Services

So, while expungement helps with background checks for jobs and housing, it doesn’t erase the record entirely.

What if my request is denied?

You may still have options. A lawyer can help you figure out what to do next. You might be able to try again later or appeal the decision.

How long does a domestic violence conviction stay on my record if I don’t expunge it?

If you don’t take legal action, it stays on your public record forever. Minnesota doesn’t automatically delete criminal cases over time unless they qualify for automatic expungement.

Can I expunge a juvenile domestic violence case?

Yes, but the process is different . You’ll need special forms, and your case has to meet certain rules. Most juvenile cases are private already, but it’s still smart to seal the record if possible—especially for serious charges.

What’s the difference between expungement and a pardon?

• Expungement hides the record from the public but doesn’t erase it.
• A pardon is granted by Board of Pardons, (consisting of the Governor, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court), and acts like the crime never happened.

A pardon requires two of the three members of the Board of Pardons vote to grant the pardon. Pardons are rare and harder to get. Expungement is more common and faster, though still not guaranteed.

Contact a Minnesota Expungement Lawyer

Expunging a domestic violence conviction in Minnesota can help you move on and open new doors—like getting a job, housing, or a professional license. But the process is complex and takes time. The judge will want to know that you’ve made changes in your life and that sealing the record is a fair solution.

If you’re not sure where to start or have questions about your case, you don’t have to go it alone.

Contact Mark Herman, a Minneapolis expungement lawyer, to talk about your options and get help clearing your record. Your second chance might be just one step away.

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The Old Expungement Law

Before diving into the recent changes over the years, it’s essential to understand the previous expungement law in Minnesota. Under this law, which took effect January 1, 2016, individuals with misdemeanor, gross misdemeanor or specific low-level felony convictions were eligible for expungement, (sealing of a criminal record), after a waiting period of either two, three, or five years, depending on the offense’s conviction level. If an individual met all the eligibility requirements and received an expungement order from the court, their record would still be main retained, but it would be sealed from public view.

An expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional service or purposes of evaluating a prospective employee in a criminal justice agency.

Under the old, law if a person was convicted of, for example, a felony offense-which was later deemed to be a lesser conviction level, (gross misdemeanor or misdemeanor), for the purposes of expungement, the felony rules controlled whether a record could, or could not be statutorily expunged.

The New Expungement Law

In August 2023, the Minnesota expungement laws changed with the addition of new chapters to the law, the expansion of eligible offenses, and changes to the waiting time required before a criminal record would be eligible for consideration for expungement.

Some additions to the list of qualifying felony offenses eligible to be considered expanded to include 4th and 3rd degree felony drug possession. And, in some felony drug cases, a person may be eligible for an automatic expungement.

Now, under the new law, if a person was convicted of a felony which was sentenced as a gross misdemeanor or misdemeanor, the record can be considered for expungement as long as the person has not been convicted of a new crime for at least five years since discharge of the sentence for the crime.

Also, now under the new law, if the petitioner was convicted of a felony violation of an offense that is specifically listed in the statute, and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime, the record can be considered for statutory expungement.

There have been many other important changes to the expungement law and it would be best to contact an experienced Expungement Lawyer in Minnesota to have your particular case reviewed to see if it would qualify for expungement.

The Impact of the Changes

The changes to expungement laws in Minnesota have significantly impacted past and future cases. Many individuals previously ineligible for expungement may now be able to clear their records, giving them better opportunities for employment, housing, and other aspects of life that may have been affected by their criminal history. In addition, the new law has also provided hope for those with multiple convictions, giving them a chance to start fresh and move forward with their lives.

The benefits of the new expungement law in Minnesota go beyond just giving individuals a clean slate. In some instances, the law also promotes rehabilitation and reintegration into society by allowing for the complete erasure expungement of criminal records that were previously ineligible. With an clean expunged record, individuals may have better access to education and employment opportunities, leading to economic stability and decreased recidivism rates. In addition, the changes in the law also aim to address racial disparities in the criminal justice system by providing equal opportunities for those who were unfairly impacted by past convictions.

Will Expungement Laws Ever Change in the Future?

The changes to expungement laws in Minnesota have been met with praise and criticism. Some advocates argue that the law still needs to go further in providing relief for those with past convictions. In contrast, others believe it may create loopholes for individuals to avoid accountability for their actions. As with any law, it is subject to change as society evolves and new issues arise. Lawmakers and individuals need to continue to monitor the impact of these expungement laws and make necessary adjustments in the future.

Expungement laws in Minnesota have undergone significant changes, expanding eligibility and providing opportunities for a clean slate for many individuals. These changes benefit those seeking expungement, promote rehabilitation, and address issues of racial disparity in the criminal justice system. As these laws continue to evolve, individuals need to understand their rights, and advocates need to stay informed and push for further changes that promote fairness and justice in our society. If you have questions regarding expungement in Minnesota, contact an experienced Expungement Lawyer in Minnesota.

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The Heavy Burden of a Criminal Conviction

People with a criminal background in Minnesota face numerous limitations that hinder their professional and private lives. These roadblocks often include:

• Licensing and Certification Risks: Depending on the nature of the crime, individuals may need help to obtain specific licenses or certifications, preventing them from working in specific industries.
• Limited Employment Opportunities: Employers often perform background checks, and a criminal record may deter them from hiring someone, regardless of qualifications or previous experience. This severely narrows the range of potential job opportunities.
• Restricted Housing Choices: A criminal conviction can also make it difficult for individuals to find housing, as landlords may perform background checks before allowing someone to rent their property.
• Educational Barriers: A criminal record may affect admission to higher educational institutions or training programs, limiting an individual’s chances for personal growth and career development.

Expungement: The Answer to Clearing Your Criminal Convictions

Expungement is sealing or erasing one’s criminal record, making it inaccessible. This process can offer several benefits, particularly to individuals with non-violent and lesser offenses, by allowing them to:

• Improved Employment Opportunities: Expunging your record will remove the criminal conviction from background checks, making it easier for individuals to compete fairly in the job market.
• Better Housing Options: With an expunged record, potential landlords cannot see your past criminal convictions, thus increasing your chances of securing suitable housing.
• Expanded Educational Access: Once expunged, your criminal record will no longer hinder your pursuits in higher education or specialized training, providing you with more opportunities for personal and professional growth.

Moving Forward with Expungement

If you or someone you know has a criminal background, pursuing expungement might be worth considering. By overcoming the long-term effects of a criminal conviction, individuals can rebuild their lives, find fulfilling careers, and regain control over their futures.

The impact of a criminal conviction is far-reaching, affecting multiple aspects of a person’s life. Expungement offers a solution, providing individuals with a clean slate and a chance to start anew. To learn more about the expungement process and whether it’s the right option, consider consulting an experienced expungement attorney.

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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.

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What is Extradition
Extradition is the legal process of transferring a suspected criminal from one state or country to another to face charges. If an individual with a criminal record is extradited from one state to another, their record follows them. However, how their record is handled may differ from state to state.

Not All States Share the Same Expungement Laws
it’s important to note that not all states have the same laws regarding expungement. For example, some states allow for the expungement of criminal records for certain offenses, while others do not allow for it at all. Therefore, if an individual is extradited from a state that allows for expungement to a state that does not, they may find that their criminal record cannot be expunged.

Extradition Can Slow Down the Process
The extradition process can complicate matters if both the original state and the receiving state have laws allowing for expungement. The process can be lengthy, and the individual may be held in custody for an extended period. This can delay the expungement process and make it more challenging to complete.

Not All Offenses can be Expunged
The individual should also consider the nature of their offense and the terms of their extradition. For example, some offenses may not be eligible for expungement, even in states allowing it. Additionally, the terms of the extradition may include requirements for the individual to complete their sentence in the original state before applying for expungement in the receiving state.

Individuals need to seek legal advice from an experienced attorney knowledgeable in both the original and receiving state’s laws regarding criminal records and expungement. In addition, an attorney can help navigate the complex legal process of extradition and ensure that the individual’s rights are protected.

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Grounds for Challenging
To appeal an expungement order, you must first understand the grounds for which the order can be challenged. In Minnesota, an expungement order can be appealed if the court had no jurisdiction over the criminal case, the petitioner’s criminal record contains a mistake, or the court committed a legal error in the original expungement order. Suppose the basis for the appeal is a legal error committed by the court. In that case, the aggrieved party must demonstrate that the mistake unjustly affected the original expungement ruling.

Filing a Notice of Appeal
In Minnesota, appealing an expungement order starts with filing a Notice of Appeal in the same court where the original expungement order was issued. The Notice of Appeal must be filed within 60 days of the date of the final ruling on the original expungement order. After the Notice of Appeal, the parties must submit written briefs summarizing and analyzing the arguments and providing relevant case laws. Additionally, both parties will have the chance to present oral arguments before a three-judge court of the appeals panel.

The court considers the appeal by studying the written briefs and listening to oral arguments, which last about 20-30 minutes each. After the oral arguments, the judges deliberate and make a final decision. For example, the court of appeals might decide to confirm the original expungement order, vacate or reverse the original decision, which sends the case back to the original court for another hearing.

If the aggrieved party is unsatisfied with the court of appeals decision, they can appeal to the Minnesota Supreme Court. The Minnesota Supreme Court is the highest in the state and only hears cases with significant constitutional or legal issues. Filing an appeal with the Minnesota Supreme Court does not guarantee that the court will agree to hear the case; it is at their discretion.

Filing an appeal on an expungement order can be a complicated process. Therefore, individuals seeking to appeal an expungement order must engage experienced criminal law attorneys who can guide and represent them in the appeals process. If you want to appeal an expungement order in Minnesota, we can help you.

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What Does Expungement Mean?
An expungement is when a legal record of an arrest or conviction is sealed from public view. This means the criminal record won’t appear in most background checks or court searches. However, it does not mean the record has been erased—it merely means it is hidden from public view. This has obvious benefits for people who have been arrested or convicted and are trying to move on with their lives without the stigma of their past haunting them.

Does Expungement Affect TSA PreCheck Eligibility?
The short answer is yes—but not necessarily in the way you might think. Expunged records will still appear on your background check when applying for TSA PreCheck; they will not necessarily disqualify you from being accepted into the program. Certain crimes can make you ineligible for TSA PreCheck even if they were expunged. These include felonies involving violence, drug-related felonies, and espionage-related crimes.

It’s important to remember that while an expungement may benefit you in many ways, it does not entirely erase your record—it only seals it from public view so that people conducting casual searches won’t find it. Regarding more rigorous background checks, such as those conducted for TSA PreCheck applications, expunged records will still appear on your record. In addition, they may affect your eligibility depending on the type of crime committed and whether or not it was violent.

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Myth 1: Expungement is available for all crimes. 

This is one of the most pervasive myths about expungement, and it simply isn’t true. Depending on your state laws, certain crimes—including violent offenses and sex crimes—may not be eligible for expungement. Furthermore, even if your offense is eligible for expungement under your state laws, other factors could prevent you from achieving a clean slate (e.g., time limits for filing). Therefore, it’s essential to thoroughly research your state laws and speak with an attorney to determine whether or not your offense qualifies. 

Myth 2: Expungements erase criminal records. 

Another misconception about expungements is that they completely erase your criminal record as if it never existed in the first place. In reality, while an expunged record will no longer appear in public searches or background checks, it still exists and retains its legal standing regarding a few specific entities (e.g., law enforcement agencies). This means that while an employer may not be able to see evidence of your conviction on a background check, a police officer or judge could still view it if need be.  

Myth 3: Expungements make all jobs available to me. 

In some cases, employers may decide not to hire someone based on their criminal record, even after it has been successfully expunged. This decision may depend on several factors, such as the type of crime committed and how recently it was committed; however, certain employers—such as those in government positions—are legally prohibited from hiring individuals with convictions related to certain types of offenses regardless of whether those convictions have been expunged or not. Therefore, before assuming that an expunged record would make any job available to you, always take the time to research applicable regulations about employment eligibility and talk with potential employers directly about their hiring policies regarding applicants with prior convictions or arrests on their records.  

Expungements offer many people a chance to get their lives back on track by allowing them access to various opportunities they would otherwise be denied due to past mistakes or unfortunate circumstances beyond their control. However, there are several misconceptions out there that can cause confusion and prevent people from taking advantage of this valuable resource which is why it’s so important that we dispel these myths once and for all! By understanding what qualifications must be met before beginning the process and what limitations remain after completion, individuals can better prepare themselves when seeking an expunged record and take advantage of every opportunity available to them along the way!

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If you’ve ever been arrested, you may have wondered about the expungement process. What is it? How do you go about getting your record cleared? In this blog post, we will discuss four little-known facts about expungement. Keep reading to learn more!

1. Expungement Is Not A Guarantee

While you may think that getting an expungement means that all traces of your arrest will be removed from the public record, this is not always the case. In some cases, even if you have been cleared of a crime or your charges have been dropped, familiar entities can still access your criminal record. For example, your employer may do a background check to ensure you have not been arrested for any crime.

2. It Can Take A Long Time

If you decide to file an expungement request, it can take anywhere from six months to three years before the process is complete. This is because there is a large backlog of requests being processed due to the high number of cases being filed each year.

3. It’s Not Free

Even if your record has been expunged, you still may have to pay a fee to file for one. The cost varies depending on your location and the circumstances of your case. If a lawyer is representing you, they will usually take care of this for you.

4. You Can Apply For A Job With An Expunged Record

One common misconception is that having an expunged record means employers cannot see it when they run a background check on you. This is only sometimes true, as some employers will run these checks even if your record has been expunged. If this occurs, explain the situation and ask for a second chance.

As you can see, there are many things to consider when getting an expungement. If you could benefit from this process, speak to an attorney today. A qualified lawyer will be able to guide you through the entire process and make sure that your record remains clean.

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One of the first things to consider when looking at expungement laws is how long after a conviction, someone must wait before they can apply for expungement. For example, in some states like California and Arizona, individuals must wait two years after a conviction before starting the expungement process. However, in other states like Pennsylvania, expungement can typically be granted once the individual has finished their sentence.

Another vital factor to consider is whether any eligibility requirements must be met to be eligible for expungement. For example, some states may require individuals to have only a certain number of criminal convictions or specific types of convictions to be expunged. Other states may require expungement applicants to have completed a certain number of hours of community service or to have paid all fines and fees associated with their conviction.

Finally, expungement laws can also differ regarding the types of convictions eligible for expungement. For example, some states may expunge only certain types of minor misdemeanors, like traffic offenses and petty theft. Other states, on the other hand, may allow the expungement of all misdemeanor convictions or even some felony convictions.

Overall, expungement laws can vary significantly from state to state. Therefore, it is essential to research your state’s expungement laws carefully and to work with an experienced expungement attorney to have your record cleared.

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