Criminal Expungement
What is an Expungement? Expungement is a remedy under Minnesota law that gives the courts authority to seal (not destroy) your criminal records.
How Long Does the Process Take? The expungement process takes at least four (4) months and will probably take closer to six (6) months. By statute, 63 days must pass from when you serve notice of the expungement petition to when the court will consider your petition. The judge then has up to 90 days to make a decision, but generally will not take that long. If the court grants your petition, your record is not sealed until another 60 days have passed.
Benefits of Expungement. There is a lot of misinformation on the benefits of an expungement. Most people want expungements because they are having trouble finding suitable employment or housing. When employers and landlords do background checks, they generally go to the Bureau of Criminal Apprehension (BCA). Unfortunately, the court does not have the authority to expunge BCA records except under certain limited circumstances, i.e. if your case was dismissed or "resolved in your favor." If you'd like to seal BCA records, please call to see if your situation qualifies. That is not to say that there is no benefit to an expungement. If the court grants your expungement, you now have an official court order from a judge stating that you met the qualifications for expungement of your criminal record. That order is proof that a judge found you rehabilitated and that the benefit to you of sealing your record outweighed any interest of the public in keeping that record. Now when you go to "check the box" on employment/housing applications, you have something to attach to that application to help mitigate the effect of a criminal record. You can also send a letter to the BCA to request that the BCA include a notation on your file that the judicial records were sealed.
Expungement Pricing. These are tough economic times and I believe that people should not be burdened forever by past mistakes. I will work with you from start to finish on your expungement petition for a flat-fee. The fee includes an attorney-client meeting, drafting the necessary documents, service on the required agencies, and one court appearance. Note that the fee also includes the mandatory court-imposed filing fee of $320.