Shawshank Redemption’s Lesson for Expungement in Minnesota
“To me, it's just a made-up word.” -Red in Shawshank Redemption (speaking of rehabilitation)
Minnesota considers 12 factors in making a decision on petitions for expungement. The fourth factor is “rehabilitation”. Shawshank Redemption includes a famous scene where Morgan Freeman’s character, Red, feigns ignorance on what “rehabilitation” means and then gives an impassioned speech where he is dismissive towards the parole board’s definition and gives his own thoughts on what the parole board should know about him. His speech included the words “bull shit” and was punctuated with the final words “I don’t give a shit”. The language is not what you’d expect in a parole board meeting. Its abrasive quality was made fun of on Family Guy. But surprisingly, the parole board in Shawshank Redemption granted his parole.
If you petition for your expungement, you’ll be put in a position like Red was except instead of a parole board, you or your attorney will be arguing before a judge that you are rehabilitated. Using abrasive language like Red did will work against you. There are some things that only work in the movies. But his highlighting how he was a changed man is what the Court is looking for. The Court wants to know that the man or woman standing before the court is not the same as the person that committed the crime.
The better guide to arguing rehabilitation than being dismissive towards the definition like Red was is to look at what Minnesota’s expungement statute says about rehabilitation. Examples are given in the statute: “including treatment, work, or other personal history that demonstrates rehabilitation.” Minn. Stat. 609A.03. You should look to your own life to see if there are things you have done to better yourself since the crime occurred that would be helpful for the Court to know about.
If you are seeking an expungement, hiring an expungement attorney will put you in a much better position to get that expungement. There are paperwork, filing requirements and deadlines that can be difficult to figure out if you are not familiar with the process. An expungement attorney will not only be more adept at this but will be able to make a more persuasive argument to the judge for your expungement.
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.
