Erase Your Criminal Record – Never Have to Explain Your Past Again
Ever feel like you paid your debt to society and deserve a fresh start? You changed your behavior and regret a mistake or crime from the past. You wish you didn’t have to explain your criminal record with every career advancement as you attempt to move away from the mistakes of the past. Now is your chance to erase your criminal record.
The arrival of the new year in 2015 finds many people looking for a fresh start in their life. However, many Minnesotans may have an opportunity for a clean slate that they have not had before. The passage of new changes to the expungement laws by the Minnesota legislature presents an exciting new chance for Minnesotans that have had run-ins with the law to get a clean slate and start over with a full-expungement of all records in certain circumstances starting January 1 st, 2015.
Prior to the passage of this law, Minnesotans that have made a mistake and had a Court record in their past have found it nearly impossible to escape those records, no matter how long in the past that record may have been, or how the matter was resolved. A flaw in the law prevented the Courts from sealing records held by the Bureau of Criminal Apprehension, Minnesota Department of Human Services, and other executive branch agencies, even when an applicant met the requirements for and was granted an expungement. Because these agencies are often reviewed and consulted in background checks for employment and housing applications, those who had received an expungement were still without an effective remedy to seal the records held by those agencies.
Those that have suffered through having these Court records follow them understand the problems and frustration they can create. Records of housing evictions, criminal charges and convictions, and other such matters are frequently brought up in background searches and used to deny employment offers or housing applications due to one mistake in the applicant’s past.
The passage of the new law would correct this gap and provide real hope for a clean record. Applicants may receive a full expungement that effectively seals both court records and executive branch records upon meeting the requirements for expungement. The opportunity for expungement applies to the following situations:
1. All records related to a juvenile delinquency may be expunged;
2. If a case was resolved in the applicant’s favor, either by acquittal or dismissal it may be expunged;
3. If a case resulted in a diversion or stay of adjudication, and 1 year after completion of sentence if crime free it may be expunged;
4. If a case resulted in a petty misdemeanor or misdemeanor conviction, and 2 years after completion of the sentence if crime free it may be expunged;
5. If a case resulted in a gross misdemeanors conviction, and 4 years after completion of the sentence if crime free it may be expunged;
6. If a case resulted in a low-level, non-violent felony conviction, and 5 years after completion of sentence if crime free it may be expunged.
If a case resulted in a conviction, the applicant must still be able to prove to the Court that the need to have the record sealed outweighs any public safety concerns. In addition, law enforcement agencies, prosecutors, and judges will still have access to an individual’s full criminal records.
An important note to keep in mind, domestic violence related convictions will not be expugnable until July 1 st, 2015. However, starting July 1 st, applicants will have the same opportunity to expunge domestic violence related convictions as well.
If you would like the opportunity pursue a clean slate and an opportunity to obtain an expungement please call the Zajac Law Firm today to discuss your case today at 612-789-2300.