Are 5th degree assaults automatically expunged in Minnesota?
In 2023, Minnesota passed the Clean Slate Act. This brought about sweeping changes in Minnesota’s expungement law. Many misdemeanor and gross misdemeanor offenses can become automatically expunged if it is a qualified offenses and the amount of time period has passed without a new offense. Prior to 2023, one needed to petition for expungement no matter how long ago the offense was. But Clean Slate Act was enacted to make it easier for people to clear their record. Expungement can be a difficult process that involves filing the right papers, serving the right people, and arguing the best arguments to the judge. Automatic expungement removes the barriers that stand in the way of some people getting an expungement.
5th Degree Assault Exception
However, the automatic expungement law does not extend to all offenses. Unfortunately, 5th degree assault is not a qualifying offense for automatic expungement. There were concerns by the legislature about some offenses, especially ones involving violence or threatened violence, being automatically expunged. Minnesota created 10 exceptions for misdemeanor offenses that are not eligible for automatic expungement. Minn. Stat. § 609A.015. 5th degree assault is one of the exceptions. If you were convicted of 5th degree assault, it will remain on your record forever unless you petition the court for expungement.
Conclusion
If you want to expunge your criminal records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650
Peter Lindstrom
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his intelligence and creativity in advocacy. Peter has been successful in getting DWI’s, felonies, and qualified domestics expunged. If you want your record cleared, you want Peter and the team at Jack Rice Defense in your corner.
