4th-Degree Controlled Substance Convictions in Minnesota: Can They Be Expunged?

Nov 10

In the state of Minnesota, facing a 4th-degree controlled substance charge can be a daunting and life-altering experience. These charges can have serious consequences, including potential fines, probation, and a criminal record that can impact your future employment prospects and personal life. However, for individuals who have successfully completed their sentence and wish to move forward, expungement can be a vital legal tool. In this blog post, we'll explore whether it's possible to expunge a 4th-degree controlled substance case in Minnesota.

Expungement in Minnesota

Expungement is a legal process that allows individuals to seal or erase their criminal records from public view. In Minnesota, expungement can provide a fresh start for those who have served their sentences and are committed to leading law-abiding lives. However, it's important to note that not all criminal records are eligible for expungement, and the process can be complex.

Eligibility for Expungement

Before 2023, the answer to the eligibility question would be “no” for those convicted of felony 4th degree-controlled substance crimes. Felonies could only be expunged if they were on the list of eligible offenses and 4th degree controlled substance cases were not on the list. Even if your conviction was converted to a misdemeanor through a stay of imposition, Minnesota still treated the offense as an ineligible felony for the purposes of expungement (see State v. S.A.M.).

This all changed with the 2023 Clean Slate Act. Now, if your felony conviction turned into a misdemeanor through a stay of imposition, you are eligible to petition for expungement if you meet the other requirements. One of the big requirements is the waiting period. For those convicted through a stay of imposition, the waiting period to petition for an expungement is five years after discharge from probation. It is a difficult process, but Jack Rice Defense can create the best chance of success for you.

The Expungement Process

If you meet the eligibility criteria, the expungement process typically involves the following steps:

1. Petition:

You must file a petition for expungement in the appropriate court. This petition should include all relevant information about your case, including the reasons for seeking expungement and supporting documentation.

2. Notice to interested parties:

The court will notify relevant parties, including law enforcement agencies, prosecutors, and the public defender's office. These parties have the opportunity to object to the expungement.

3. Court review:

The court will consider all arguments and evidence presented and make a determination regarding expungement. The judge will weigh your need for expungement against any potential harm to public safety or the public's right to access criminal records.

4. Granting of expungement:

If the court grants your expungement, your criminal record will be sealed from public view, and you can legally answer that you have not been convicted of the expunged offense in most situations.

What if Your Offense Was Not Converted to a Misdemeanor and Remains a Felony?

Sadly, you are not eligible for expungement. But that doesn’t necessarily mean you can’t get rid of your record. There is another process through the power of the pardons where you could clean your slate. It is a more difficult process than expungement. You need to go before the Governor of Minnesota, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court to argue your case.

But there has never been a better time in the history of Minnesota to petition for a pardon. New laws just removed the old requirement of unanimity, requiring just two votes as long as one of them is from the governor. Contact Jack Rice Defense to see if we can help you get a pardon.

Conclusion

Expunging a 4th-degree controlled substance case in Minnesota is possible, but it is not guaranteed. It requires meeting specific eligibility criteria and successfully navigating a legal process that can be complex. If you are facing this situation, it is crucial to consult with a skilled attorney who can guide you through the process and advocate on your behalf. Expungement can be a valuable tool for those committed to turning their lives around after a 4th-degree controlled substance conviction in Minnesota.

contact Jack Rice Defense for a consultation. 651-447-7650 or 612-227.1339. When your life is on the line, Jack Rice Defense.