QUESTION
I was charged with a misdemeanor (theft from services) back in 2004 for having a friend rub her stamp on my hand in order to obtain free access to
Asked on Jun 06th, 2011 on Criminal Law - Minnesota
More details to this question:
an amusement park. Well I applied for this job recently and they are unwilling to give me this job because this is on my record. The thing is when I went to court for this back in 2004 the judge said that they will drop all charges and remove it from my record if I don't have any same or similar for six months. Obviously they didn't take it off of my record and now its biting me in the butt. I haven't been in trouble since this incident. What can I do? I called the court and they said they don't have any paperwork because they trash it after three years. Thanks for your help.
1 ANSWER
Assault and Battery Attorney serving Woodbury, MN
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Conard Nelson Schaffer
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It is hard to tell for sure what kind of disposition you received back in 2004. You could have resolved the matter with a Stay of Adjudication or with a Continuance for Dismissal. In either case the matter would have been dismissed after successfully completing probation, but they have very different implications for expungment.
First, you can truthfully say that you have not been convicted of any crime. But there will still be a record of your original arrest, and there may be a record of the initial court proceedings. In order to address those issues you will need to bring a motion to expunge those records. This motion asks the court to order that the records be sealed and become unavailable to the public.
In Minnesota, your ability to obtain a full expungment of all agency records will depend on whether there is an on the record admission of facts. Generally, you are better off if there was no admission, as would be the case in a Continuance for Dismissal.
Answered on Sep 05th, 2011 at 6:27 PM