Expungement involves having certain convictions sealed so they are not seen by the public. There are benefits to having a record expunged and those benefits include being able to acquire a job, a place to live when a background check is required and so much more. Having a conviction expunged as soon as possible will work to your benefit, which is why you shouldn't hesitate to see if you can have any convictions against you sealed.
The Purpose Of Expungement
When you have been convicted of a crime, you know what kind of negative impact that conviction has on your life. Not only does a conviction cause you to be punished under the law, but there are personal ramifications as well, such as those previously described. Your earning potential can be hampered due to not being able to work in certain industries, and landlords may frown upon renting to you if they know about your record. This means that some of the worst penalties come after you have paid your paid your fines and done jail time.
Because a criminal conviction is placed on your permanent record, you will find that it follows you around wherever you go. Even financial institutions may refrain from providing you with financing and schools may not allow you to enroll. Fortunately, expungement can put an end to how a conviction can hurt your future.
The Expungement Process
A judge will hold a hearing at some point after 63 days have passed since the petition for expungement has been filed with the court. This petition must be filled out correctly, which is a task that your Minnesota expungement lawyer can help you with. At the hearing, the judge will consider your request. If your request is granted, you can expect the conviction to be removed from your record after another 60 days. This 60-day period is allowed so that any affected party can appeal the decision before the record is sealed. It is not out of the question for the entire process to take about six months to complete.
Rules Of Expungement
Each case is evaluated on an individual basis because there are not any particular rules put in place. This is due to a conflict between the Minnesota Court of Appeals and the Minnesota Supreme Court. But when a case is evaluated, there are some factors that are looked at. They include:
- How much time has passed since the offense. You do need to wait at least two years before you file a petition with the court.
- If you have had no other arrests or run-ins with the law since your conviction. If you were required to engage in counseling and other rehabilitation measures, compliance is key.
Was the offense a drug offense? This matters since not all drug offenses can be expunged.
- The seriousness of the crime is also evaluated. Such offenses as DWI and sex crimes cannot be sealed.
Your attorney can advise you as to whether or not your conviction can be expunged. If so, a strong case will be built for you so you can have the best possible future.
Minnesota Criminal Defense Lawyer And Attorney
If a conviction is keeping you from being able to move on with your life, then you need to try to have it expunged. Expungement will help you get the job you want and to live where you want to live. You can even go to school so that you can enter a rewarding career field and be a productive member of society. Call us today at 612-332-2000 or fill out our contact form for your free initial consultation.