How to get a felony expunged from your record
A judge only has the authority to order other government agencies to seal their records when a case meets the requirements of Minn. If a case does not meet these requirements for example, not enough time has passed since you were discharged from probation , the judge still has the discretion to order the court records alone to be sealed. If you are granted a partial expungement and your court records are sealed, records held by other government agencies will still be public information.
- I’d Like to Get a Felony Expunged — Is This Possible??
- Expunging or Sealing an Adult Criminal Record.
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Depending on what records a particular background check looks at, a partial expungement of your court records may or may not help you with getting employment, housing, etc. If you are not sure whether a partial expungement will be helpful in your situation, it is a good idea to get some legal advice.
How to Get a Felony Expunged in California
Even if your case meets the requirements under the law, the judge makes the final decision on whether or not to seal your case s and whether to order a full or partial expungement. If you want to know what might happen in your case or whether your case s qualifies for a full or partial expungement, you are strongly encouraged to get legal advice from an attorney.
NOTE : Expungement is never allowed in cases where registration as a predatory offender is required Minn. The list includes:. Convictions for petty misdemeanors , misdemeanors , and gross misdemeanors may be eligible for full expungement depending on:. If you have a conviction on your record, you may qualify for a full expungement in the following circumstances:. Petty Misdemeanor or Misdemeanor: You were convicted of or received a stayed sentence for a petty misdemeanor or misdemeanor and you have not been convicted of a new crime for at least two years since the discharge of the sentence;.
How to Expunge a Felony In California - What You Need to Know
Gross Misdemeanor: You were convicted of or received a stayed sentence for a gross misdemeanor and you have not been convicted of a new crime for at least four years since the discharge of the sentence; or. Felony: You were convicted of or received a stayed sentence for a qualifying felony and you have not been convicted of a new crime for at least five years since the discharge of the sentence. There is no guarantee that the judge will grant an expungement , even if your case technically qualifies for a "full expungement.
In making this decision the court uses the following factors:. 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 months. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.
A filing fee is not required for cases that were resolved in your favor. This includes cases where you were not convicted, not found guilty, and did not plead guilty, or you were exonerated under Minn. A filing fee is required for cases where you were found guilty by the court or entered a guilty plea, even if you were not convicted or that conviction was later vacated.
See Minn. You must go to a hearing in court to ask for expungement, unless you get a notice from the court that tells you that you do not have to attend a hearing. At your hearing, you have the opportunity to tell the judge why you need the expungement. The government agencies you served and their attorneys have the right to object to your expungement at any time before or at the hearing.
If they object before the hearing, they often send a letter to the judge with a copy to you. An objection does not mean that your expungement will be denied; only the judge can make the final decision. You should be prepared to respond to concerns raised by any objecting party at the hearing.
Check with your District Court to see where your hearing will be located.
Expunging a Felony Offense
Appearing in court is a very important part of a case, and all parties are expected to arrive early, dress properly, and act respectfully. After the hearing, the judge will decide whether or not to expunge your record, and the court will send you a written decision called an order. 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. The criminal expungement process takes at least months. By law, the court hearing to consider your request has to be held at least 63 days after your forms are served to the government agencies.
The judge then has up to 90 days from the date of the hearing to make a decision on your case. If the judge grants the expungement, another 60 days will pass before the court can seal your record. See "Does my case qualify for a full expungement? If you would like to ask that records at the MN Department of Human Services be expunged, it is strongly encouraged that you talk with a lawyer. The MN Judicial Branch has created a video to explain the criminal expungement process, including how to fill out the forms, service, and filing.
The video has 16 separate chapters, so you can view individual chapters or the entire video. Videos are provided for general education purposes by the Statewide Self-Help Center. Criminal Expungement Expungement is the process of going to court to ask a judge to seal a court record. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. What is criminal expungement? Acquittal To be found not guilty of a crime by a jury or judge. Continuance for Dismissal An agreement between the prosecutor and the defendant to not move forward with prosecution of a criminal case for a set amount of time.
Conviction To be found guilty of a crime through a guilty plea or by a jury or judge after trial. Criminal Expungement The process of going to court to ask a judge to seal records from a criminal court case so that they cannot be seen by the public.
Can I Have My Felony Conviction Expunged From My Criminal Record?
Defendant A person charged with a crime. Dismissal The ending of a criminal case prior to trial or verdict that stops the proceedings against the defendant. Diversion Program A program that refers certain defendants for example, those with no prior criminal history, no prior diversion, no prior felonies, not a violent criminal offense, etc. Felony A serious crime punished by imprisonment for a period of more than one year. Law Enforcement Agency An agency at the state, county, or city level that enforces laws, makes arrests, and investigates crimes.
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Pardon The use of the executive power of the Governor to forgive a person convicted of a crime, so that any remaining penalties or punishments are removed and the convicted person is treated as innocent. Probation A court-ordered penalty as part of a criminal sentence where the defendant has to follow set conditions to prevent future criminal behavior. Prosecutor An attorney working for city or county government that works to prove that a defendant committed a crime. Stay of Adjudication Occurs following a guilty plea when the court withholds entering a conviction if the defendant follows certain conditions for example, probation, community service, fines, treatment, restitution, etc.
Stay of Imposition Occurs following a guilty plea to a particular level of offense.
What is a crime? What is my MN criminal record and where is it kept? What government offices keep criminal records? Where can I get a copy of my criminal record? Court Records To ask for criminal expungement, you will need specific details for all court cases where you were charged with a crime, including cases where you were not convicted. Criminal Records at Other Agencies Law enforcement agencies are required to report certain details about crimes to the BCA , so you should also get the details of your criminal record on file at the BCA.
Does my criminal case history include my driving records? Can I expunge my driving record? What criminal court information is public? Can employers and landlords check my state criminal court record? If my criminal court case was dismissed, do I have a criminal record Yes.
Are juvenile delinquency court records public? Can juvenile delinquency records be expunged? My arrest and conviction happened 10 years ago. When does this information drop off my court criminal record? Does my case qualify for a full expungement? The list includes: some first-time drug possession offenses resolved under certain laws; offenses committed by juveniles who were prosecuted in adult criminal court; cases that were resolved in your favor for example, you were found not guilty or the case was dismissed ; and some offenses with convictions for example, you pleaded guilty or were found guilty.
Non-Felonies: Convictions for petty misdemeanors , misdemeanors , and gross misdemeanors may be eligible for full expungement depending on: w hat crime you were convicted of; how much time has passed since your sentence was discharged; and other cases that are on your criminal history. Felonies: Minn. If I meet the requirements for a full expungement, will my expungement request be granted?
In making this decision the court uses the following factors: The nature and severity of the underlying crime; The risk, if any, you may pose to individuals or society; The length of time since the crime happened; The steps you have taken to rehabilitate yourself following the crime; Aggravating or mitigating factors what was happening at the time related to the crime, including your level of participation and context and circumstances of the crime; The reasons you are asking for expungement, including your attempts to obtain employment, housing, or other necessities; Your entire criminal record; Your record of employment and community involvement; The recommendations of interested law enforcement, prosecutorial, and corrections officials; The recommendations of victims or whether victims of the underlying crime were minors; The efforts you are making now or have made in the past to pay any outstanding restitution; and Other factors deemed relevant by the court.
Will I have to pay a filing fee for my expungement request? How do I request a criminal expungement? You can also visit the Forms tab to learn more about the steps you need to complete to ask for expungement. Where can I get help from an attorney with filing for expungement? You can ask for an expungement on your own, but it is a complex process. You may want to consider looking for an attorney to help you. If you have a lower income, you may be eligible for help from legal aid offices or volunteer attorneys.