Can You Get a DWI Expunged in Minnesota? A Perspective from a Criminal Defense Attorney
In Minnesota, as in many states, a Driving While Intoxicated (DWI) conviction can leave a long-lasting stain on one’s record, potentially hindering employment opportunities, housing applications, and more. Many individuals convicted of DWI wonder whether they can ever hope to expunge this conviction from their criminal records. Expungement is a legal process that seals criminal records, making them inaccessible to the public. Below, I delve into the possibilities and limitations of obtaining a DWI expungement in Minnesota from the perspective of a criminal defense attorney.
Minnesota’s Expungement Laws
Minnesota’s expungement laws have undergone significant evolution in recent years, particularly with the passing of a law in 2015 that expanded the range of convictions eligible for expungement. Under the current legal framework, it is indeed possible to expunge a DWI under certain circumstances, but multiple factors and conditions play a role in determining eligibility.
Eligibility Criteria
Waiting Periods:
The waiting period to apply for expungement after a DWI conviction depends on the severity of the conviction and whether any aggravating factors were present. Typically, it ranges from two to three years after the completion of the sentence.
Level of Offense:
Misdemeanor and gross misdemeanor DWI’s are eligible for expungement. Felony DWIs are not eligible for expungement.
Prior Criminal Record:
Individuals with a clean criminal record aside from the DWI have a higher chance of obtaining an expungement compared to those with multiple convictions.
Rehabilitation and Remorse:
Demonstrating genuine remorse and engaging in rehabilitative actions, such as attending alcohol education programs, can significantly impact the court’s decision on expungement applications.
The Expungement Process
Seeking expungement is a nuanced legal process that generally includes the filing of a petition with the court, notifying various government agencies, and attending a hearing. A criminal defense attorney can provide invaluable assistance in navigating this procedure, ensuring compliance with all legal requirements, and advocating on behalf of the petitioner.
Benefits of Expungement
An expunged DWI conviction can provide profound relief and open up new opportunities for affected individuals, as it will no longer be visible to employers, landlords, and other entities conducting background checks. However, law enforcement and certain licensing agencies may still have access to expunged records.
Conclusion
Securing a DWI expungement in Minnesota is not a straightforward task, but it is feasible under specific circumstances. The eligibility hinges largely on the severity of the offense, the existence of any prior criminal record, adherence to rehabilitative measures, and the fulfillment of mandatory waiting periods.
Individuals seeking to expunge a DWI conviction should consult with a knowledgeable criminal defense attorney to evaluate the merits of their case and to receive guidance throughout the expungement process. An attorney can aid in presenting a compelling case for expungement, emphasizing rehabilitation, remorse, and the positive steps taken post-conviction, ultimately enhancing the likelihood of achieving a favorable outcome.
Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.
