Minnesota Expungements Legal Questions

An expungement affects all records in the possession of the prosecutor, the court, the Bureau of Criminal Apprehension, the county jail, the probation office, the Department of Human Services, the Department of Education, and all law enforcement agencies that were involved in the matter.  An expungement would prevent members of the public from learning about the original criminal charges, arrest, or conviction.   Please contact me if you would like to go forward with the expungement process. Todd Peterson 320-259-5123... Read Answer

Minnesota's expungement process has changed considerably in recent years.  It is now such a common process (with much better guidelines on what the courts can and can't do) that it is contemplated that most people will do this on their own.  If you go to the Minnesota courts web page you should be able to find expungement forms.  Some are specific to individual counties, such as Hennepin County District Court.  It may be different if the underlying conviction was in federal court.  If you have questions, you can feel free to call us at 952/285-1811.... Read Answer

First, you state this charge is a misdemeanor so it is inappropriately on the FELONY EXPUNGEMENT WEBSITE. Second, you state you are 18, but how old were you when this happened? There is a diversion program in juvenile court to avoid a criminal conviction, and some other programs available such as a pre-diversion 180 program in King Co. If you were arraigned as a juvenile before you turned 18 or if the incident occurred before you were 18 but the arraignment took place after age 18 and the juvenile court retained jurisdiction, then diversion may be a good option. But only an experienced juvenile attorney can help you determine if that is a wise choice depending on the facts of the case. I advise consulting with one ASAP before making any decisions. Third, if you are being offered diversion for a first offense felony, talk to a criminal law attorney in your county before making a decision so they can review the facts of the case to determine the appropriate course of action. Fourth, if you mean that you were actually convicted of a felony, you need to keep clean and wait the statutorily mandated time before you're eligible to vacate ("expunge") the felony. I am not aware of a diversion class or program being a requirement for this unless you are trying to vacate in court, not through the WSP, and the judge orders it before she considers vacating the conviction. But it's not statutorily mandated. Finally, if it was a misdemeanor theft conviction and you complied with the terms of the court's conditions, you are eligible to vacate in 2 years since discharge or termination of probation (case being officially closed) as long as you have not received a subsequent charge. Again, I emphasize that your question is full of inconsistencies and uncertainty, such as felony/misdemeanor or pre/post conviction. I strongly advise that you contact an experienced criminal law attorney in your jurisdiction who can find out the true facts and advise you properly. Most lawyers offer free consultations as does my office.... Read Answer

Typically, a misdemeanor conviction can be expugned but often times state laws restrict a person from having anything expunged if that person has more than one conviction.  If this theft charge is the only thing on her record, than she should be able to get it expunged. As I am not licensed to practice in Michigan, I strongly encourage you to consult an attorney who is licensed to practice in that state.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read Answer