EXPUNGEMENT OF MINNESOTA ARREST RECORDS

If You've Been Arrested, You Have a Record

Having a criminal record in Minnesota makes life more difficult. A criminal record can limit you from getting the job you want, obtaining housing, getting professional licenses, legally owning a firearm, qualifying for government programs, receiving student loans, and many other opportunities which would otherwise be available to you.

When you’re arrested in Minnesota, no matter the level of offense, the complete criminal record history for the offender is kept by courts, law enforcement, prosecutors, and certain state agencies such as the Bureau of Criminal Apprehension (BCA). Information relating to the arrest and many court proceedings are generally publicly available.

Minnesota’s BCA maintains criminal records for the state in an online record of cases including both public and private records. Public records can be accessed by potential employers or landlords, having a different influence on the opportunities afforded to past offenders.

Fortunately, Minnesota State law permits the full expungement of arrest records in many circumstances. If granted, the court can issue an expungement order to seal all court records – records at the Bureau of Criminal Apprehension, arresting agencies, and other criminal justice agencies.

Our law firm has helped thousands of clients deal with criminal records of every kind, and we hear success stories from them often. If an arrest record in Minnesota is holding you back in life, keep reading to see what you can do about it.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Do You Qualify to Expunge Your Arrest Record?

• When an Expungement Petition is Not Required to Expunge Your Arrest Record

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  You don’t need to file a petition to expunge your arrest record under Minn. Stat.609A.01 if you qualify under Minn. Stat. 299C.11, which requires:

  • You have not been convicted of a felony or gross misdemeanor during the ten (10) year period before the date the case was found in your favor. AND
  • All of your charges were dismissed prior to a finding that there was probable cause; or
  • The prosecutor has declined to file any charges and a grand jury did not issue an indictment.

  If you satisfy the above requirements, you can get your arrest record using less formal procedures that do not involve filing legal documents with the court. However, if you do not meet the above requirements, you can also expunge arrest records using Minn. Stat. 609A.02.

• When an Expungement Petition is Required to Expunge Your Arrest Record

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  If you do not qualify to expunge your arrest record using the more informal process under Minn. Stat. 299C.11, you can file a petition to expunge your arrest record under Minn. Stat. 609A.02 if all pending criminal matters have been decided in your favor. A criminal matter has been decided in your favor if any of the following have occurred:

  • Your charges were dismissed;
  • You were acquitted or found not guilty;
  • You were never charged with a crime and the statute of limitations has passed;
  • You were sentenced to diversion or another deferred or alternative sentence which resulted in having your charges dismissed; or
  • Your case was decided in your favor in some other way.

  If you were sentenced to diversion or another deferred or alternative sentence, you must wait one year from when your charges were dismissed. If your case was resolved in your favor in any of the other ways listed above there is no waiting period, and you may file immediately.

Legal Effect Of Expunging Your Minnesota Arrest Record

The two biggest issues our law firm’s clients encounter relate to obtaining employment and restoring firearm rights, so we’re going to discuss each.

Arrests are not typically as big of a barrier to employment as a conviction, but it’s certainly preferable for them to not show up on a background check. This is particularly true when the offense you were arrested for is something severe. The expunged criminal record is not publicly available and will not appear in most background check related to employment.

• Will Expunging Your Arrest Record Help You Get A Job?

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  Arrests are not typically as big of a barrier to employment as a conviction, but it’s certainly preferable for them to not show up on a background check. This is particularly true when the offense you were arrested for is something severe. The expunged criminal record is not publicly available and will not appear in most background check related to employment.

• Will Expunging Your Arrest Record Restore Your Gun Rights?

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  No, expunging your arrest record will not restore your firearm rights. An arrest record that did not result in a conviction typically does not take away your firearm rights in the first place, so expunging an arrest record would be irrelevant to restoring your firearm rights.

  We will go into more detail regarding restoring Second Amendment rights in Minnesota on our Minnesota Firearm Rights Restoration page, but you need to understand that restoring your firearm rights is often a complicated matter. Restoring your firearm rights typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.

What You Need to Do to Get Rid of Your Record

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the Potential Benefits of Expunging a Arrest Record in Minnesota Include:

• Removing a finding of guilt and closing the case on your criminal record to help you get a better job
• Restoring your Second Amendment Rights to own a firearm
• Becoming eligible for professional licenses you previously did not qualify for
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

We Are Here to Help

Minnesota’s methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine which Minnesota criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Minnesota criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Minnesota criminal record.

You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Minnesota state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!