Minnesota Motion for New Trial for Purpose of Expunging Criminal Record

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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

You can get your criminal record expunged for no cost if the case against you was dismissed. This applies to people who were not convicted, did not plead guilty, were not found guilty by a jury, or those who were formally exonerated pursuant to Minn. Stat.

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.

The act automates expungement for petty- and gross-misdemeanor offenses if the charge has been dismissed or if a person successfully completed a diversion program or stay of adjudication ? a court action that keeps a conviction off your record if you remain law-abiding on probation.

Crimes That Qualify for the Minnesota Expungement Process It also covers records kept by other state agencies. Arrest records and convictions for fraudulent offenses like falsifying a title certificate, title fraud, altering a livestock certificate, and promulgating a false landing bill qualify for expungement.

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.

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.

"The Clean Slate Act," passed by the state legislature this session, sets up a process for the state Bureau of Criminal Apprehension to seal certain non-violent records automatically if they haven't been charged with another crime in a certain window of time.

The judge has up to 90 days from the date of the hearing to issue an order, and if the judge grants the expungement the record will not be officially sealed until 60 days after the order.

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Minnesota Motion for New Trial for Purpose of Expunging Criminal Record