Minnesota criminal record solutions Attorney Thomas A. Wilson represents clients in criminal record expungements, pardon extraordinary, return of arrest records, and the restoration of gun rights. Mr. Wilson serves 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 Records in Minnesota
Problems Associated with a Criminal Record
- Housing Rental agencies commonly run criminal background checks on potential renters. A background check which returns a criminal record can lead to a rejection of a rental applicant.
- Employment Employers frequently perform criminal record background checks on potential employees. A criminal record could lead to a rejected job application.
- Professional Licensure Obtaining certain professional licenses may require a criminal background check. A criminal record could bar certain individuals from professional licensure.
- Loans Loan applications may include a criminal background check on the applicant. A criminal record may lead to the rejection of a loan application.
- Education Certain educational programs require a criminal background check as part of their application process. A criminal record could prevent individuals from being accepted to certain educational programs.
- Volunteering Many volunteer organizations require applicants to reveal criminal record information and/or require a criminal background check. A criminal record may prevent individuals from volunteering at certain organizations.
Who Has My Criminal Records?
If you were ever arrested, charged, and/or convicted of a crime you will generally have a criminal record. These criminal records can be held by a surprisingly large number of Minnesota agencies in addition to Federal agencies. Many of these agencies provide their criminal records free of cost to the general public and are increasingly available on the internet. Here is a list of some agencies which maintain and disseminate criminal records.
- County Sheriff Department
- County Attorney
- City Attorney
- Police Department
- Minnesota Bureau of Criminal Apprehension (BCA)
- District Court
- Minnesota Department of Corrections
- County Probation Department
- Federal Bureau of Investigation (FBI)
Overview of Criminal Record Solutions in Minnesota
Despite the unfortunate problems associated with a criminal record, there are several potential ways to help deal with them including criminal record expungement, pardon extraordinary, and the return of arrest records.
The following is a brief explanation of these remedies.
Criminal record expungement involves “sealing” your criminal records (making its inspection and existence private/non-public, except in very limited circumstances.)
There are two types of criminal record expungement in Minnesota, “Inherent Authority” and “Statutory.” Statutory criminal record expungement is generally used in cases where the criminal charge was resolved in favor of the person seeking expungement (e.g. the charges were dismissed; there was a trial and there was a not guilty verdict). Inherent Authority criminal record expungement is used in cases where the case was not resolved in favor of the person seeking expungement (e.g. when there was a conviction).
Pardon Extraordinary involves petitioning the Minnesota Board of Pardons (made up of the Governor, Attorney General, and Chief Justice of the Minnesota Supreme Court).
If granted, a Pardon Extraordinary has the effect of setting aside and nullifying the conviction; purging the person of it; and the person isn’t required to disclose the conviction except in certain limited circumstances.
This option is available to certain individuals that were arrested for an alleged crime, but the charges were later dismissed early in the process or the prosecutor declined to file charges; and a grand jury didn’t return an indictment.
Unlike expungement and pardon extraordinary, this option does not require a formal petition and the arrest record(s) are actually returned to the individual, not merely sealed.
Individuals convicted of certain crimes in Minnesota are prohibited from possessing and otherwise dealing with firearms—in some cases even after the individual has been discharged from their sentence.
Individuals who are prohibited from possessing or otherwise dealing with firearms after the discharge of their sentence must formally petition the court for an order to restore their gun rights. This includes filing a petition with the court and attending a court hearing. This petition and hearing is a complicated process. In addition, if the is rejected there is a waiting period of three years before one is allow to file another petition.
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.