Minnesota Criminal Record Expungement Attorney Thomas A. Wilson

Minnesota Criminal Record Expungement Attorney Thomas A. Wilson represents clients in both statutory criminal record expungement cases and inherent authority criminal record expungement cases. Mr. Wilson handles criminal record expungement cases in the areas of St. Paul and greater Ramsey County, Minneapolis and greater Hennepin County, Anoka County, Dakota County, Sherburne County, Washington County, Wright County, Carver County, and Greater Minnesota.

Here to Help.  Call Today for a Free Case Consultation: (763) 222-6915

Overview of Criminal Record Expungement in Minnesota

Minnesota law allows individuals to expunge their criminal records in certain limited circumstances. There are two types of criminal record expungement in Minnesota: “statutory expungment” and “inherent authority expungement.”  Statutory expungement is governed, as the name indicates, by statute.  Inherent authority expungement, on the other hand, is governed by the inherent authority of the court.

Statutory Criminal Record Expungement in Minnesota 

Statutory expungement in Minnesota is only available in certain limited circumstances, specifically: (1) When someone has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction.  For people that do not qualify for statutory expungement, there may be other options available, such as inherent authority expungement.

An individual that qualifies for statutory expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Inherent Authority Criminal Record Expungement in Minnesota

Inherent authority criminal record expungement in Minnesota is available to certain individuals that do not qualify for statutory criminal record expungement—individuals that were convicted of a crime through a guilty verdict (as the result of a jury or bench trial) or a guilty plea. This includes individuals who were convicted of a crime and received a stay of imposition of sentence or a stay of adjudication of sentence.

An individual that qualifies for inherent authority criminal record expungement and wants to proceed with the expungement process must formally petition the court. The petition includes such information as the crime sought to be expunged; the petitioner’s entire criminal record; and the reasons the petitioner is seeking expungement (e.g. for employment or housing purposes).

A hearing will take place after the expungement petition is filed with the court.  At the hearing the court will hear arguments from the petitioner; the state; and will also hear a statement from victim(s) of the crime sought to be expunged (if applicable).

After the expungement hearing the court will consider the petitioner’s argument; the state’s argument; and the victim’s statement (if one was provided).  The court analyzes several different factors when considering whether or not to grant expungement—including, but not limited to, the severity level of the crime sought to be expunged and steps the petitioner has taken to rehabilitate themselves since the conviction.

The court will either grant or deny the expungement after taking into consideration the above-stated parties’ arguments.  If the court grants the expungement the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except under certain limited circumstances.  The expungement order, however, does not destroy the criminal records, and the records are not returned.

Success Stories

Successful Expungement of Criminal Records

  • 02/28/2013
  • Hennepin County
  • Court granted Order expunging client’s court file and executive agency (e.g. BCA)  records.
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Successful Expungement of Criminal Records

  • 02/27/2013
  • Ramsey County
  • Court granted Order expunging client’s court file and executive agency (e.g. BCA)  records.
  • Read More

Successful Expungement of Criminal Records

  • 01/31/2013
  • Hennepin County
  • Court granted Order expunging client’s court file and executive agency (e.g. BCA)  records.
  • Read More

Successful Expungement of Criminal Records

  • 11/28/2012
  • Anoka County
  • Court granted Order expunging client’s court file records.
  • Read More

Successful Expungement of Criminal Records

  • 08/16/2012
  • Anoka County
  • Court granted Order expunging client’s court file and executive agency (e.g. BCA)  records.
  • Read More

Here to Help.  Call Today for a Free No-obligation Case Consultation: (763) 222-6915

St. Paul Criminal Defense Attorney Thomas A. Wilson provides a free 30 minute case consultation by phone or at his office by appointment.  Please feel free to contact Mr. Wilson to discuss your situation. During the consultation Mr. Wilson can analyze the issues in your case, answer questions, and discuss possible options going forward.  Your consultation with Mr. Wilson is absolutely free and what you discuss is kept strictly confidential.

Phone: 763-222-6915

Email: contact@wilsoncriminaldefense.com

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