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Minnesota Notice of Hearing and Petition For Expungement (Sealed Records)

State:
Minnesota
Control #:
MN-SKU-0284
Format:
PDF
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Description

Criminal Expungement

Minnesota Notice of Hearing and Petition For Expungement (Sealed Records) is a legal document used to request that criminal records pertaining to a person’s past be sealed from public view. This document is usually filed in the county where the conviction occurred and is typically accompanied by a notice of hearing which sets forth the date, time, and place for a hearing on the petition. The petition itself must include an affidavit from the petitioner that outlines the facts of the case, the petitioner’s requests, and a statement of the relief sought. There are two types of Minnesota Notice of Hearing and Petition For Expungement (Sealed Records): Expungement of Adult Records and Expungement of Juvenile Records. Expungement of Adult Records is used to seal criminal records that pertain to convictions as an adult. Expungement of Juvenile Records is used to seal criminal records that pertain to convictions as a juvenile. Both types of notices and petitions must include the information listed above, as well as any other information required by the court.

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FAQ

To ?expunge? is to ?erase or remove completely.? In law, ?expungement? is the process by which a record of criminal conviction is destroyed or sealed from state or federal record.

You must completely fill out EXP 102 and file the document at your county courthouse. The court administrator will give you a hearing date and time that you must then add to your Notice of Hearing and Petition for Expungement form (EXP 102).

Here are some of the most common felony convictions that are not eligible for statutory expungement but may be considered for inherent authority expungement. Felony DWI. Felony Assault. Felony Criminal Sexual Conduct. Felony Burglary. Felony Offenses Requiring Registration. Felony Terroristic Threats. Felony Domestic Assault.

Like misdemeanor crimes, a felony will also stay on your record forever unless you apply for mn expungement. Some felonious crimes (such as murder, kidnapping, certain sexual assault crimes), can never be expunged from your record.

The new law now allows statutory authority for expungement as follows: diversion cases involving a plea and stays of adjudication are eligible one year after discharge from a sentence, petty misdemeanor and misdemeanor cases are eligible two years after discharge, gross misdemeanor cases are eligible four years after

If you apply by preparing and filing a Petition for Expungement directly with the Court, you will have to pay a $300 filing fee for each offense or ask the Court to waive this fee based on your income.

What Crimes Can Be Expunged in Minnesota? Altering a certificate for livestock. Violating certain insurance regulations. Title fraud. Fifth-degree felony possession/sale of a controlled substance. Sale of a simulated () drug. False certificate of title. A motor vehicle accident resulting in great bodily harm.

Expungement involves completing court forms, serving them on agencies who have records of your case, filing paperwork with the court, and typically, having a court hearing. The process takes at least 4-6 months. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.

More info

Forms - Cleaning Your Criminal Record ; Form Name. Form Number, Information ; Petition for Dismissal, CR-180 PDF file type icon, Use this form for Pen.You are required to notify other parties of the date and place of the hearing. In most cases, you will need to file papers in court and ask a judge to expunge your conviction. This process is called a Petition for Dismissal. The Court grants the Petition and orders that the petitioner's. Approved Statewide Forms — Expungement and Sealing. The Supreme Court Commission on Access to Justice has approved the following forms. This stamp is your proof that the form was filed with the court. Notice of Hearing and Petition for Expungement.

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Minnesota Notice of Hearing and Petition For Expungement (Sealed Records)