Expungement
What is expungement? Expungement is the act of removing criminal records or information in court files, computers and other depositories. Expungement may be necessary for those who have a criminal conviction or a criminal arrest that is holding them back from moving on with their life. Although expungement is not for everyone, you could benefit greatly from speaking to a Minneapolis expungement lawyer about if this process is right for you.
There are two different types of expungement:
Statutory expungement – Under Minnesota Statutes Section 609A, an expungement may be available for certain controlled substance offenses, juveniles prosecuted as adults, or criminal proceedings not resulting in a conviction.
Judicial expungement – may be granted in the discretion of the sentencing Judge if the Judge finds: that an offender’s constitutional rights may be seriously infringed by not expunging the record; and when the expungement will yield a benefit to the offender commensurate with the disadvantages to the public from the elimination of the record.
If you are having a hard time moving on with your life after a crime or arrest, then expungement may be the solution you are looking for. An experienced Minneapolis expungement lawyer can help you petition for expungement and determine if you are eligible.
Some of the factors that the court considers when determining if a crime will be expunged include:
- The nature of the offense. In general, the less series the conviction, the greater chance your expungement will be granted. Misdemeanor offenses have a much higher chance of being taken off the public records.
- The amount of time that has passed since the offense occurred without any further infractions. Again, the more time that has elapsed, the better your chance of having the conviction expunged. It is advisable that you wait at least two years to petition to expunge a misdemeanor offense and longer for a felony or gross misdemeanor.
- The importance of the expungement. If your criminal record is holding you back from obtaining a job, finding a government position, or joining the military, then you also have a good case for expungement.
- Measures taken to rejoin society, such as counseling, anger management courses, community service, etc.
If you are considering expungement, speak to Minneapolis expungement lawyer Barry Hogen about the process before filing for petition.
The more informed you are on the expungement process, the better your chances are of having a crime taking off your record. You can expect the process to take about four months to conclude. You will need to file a petition outlining your case and reason you seek expungement. You will also need to attend a court hearing, make an oral statement and submit a written statement, all of which an experienced Minneapolis criminal lawyer can assist you with.
Contact Top-Rated Minneapolis Expungement Lawyer, Barry Hogen Today!
Minneapolis criminal lawyer, Barry Hogen has years of experience in all expungement cases and can provide you with the legal services you need during this difficult time. For affordable payment options, aggressive representation and confidential legal advice when you need it most, contact Minnesota criminal lawyer, Barry Hogen today at (763) 513-9085.