Expunging a 4th Degree Burglary Conviction in Minnesota: A Criminal Defense Attorney's Perspective

Expungements

Oct 25

The question of whether a criminal conviction can be expunged – that is, erased from one's criminal record – is a common concern for many who have had past encounters with the law. This is especially true for offenses that might be viewed as more serious, such as burglary. In this blog post, I will discuss the possibility of expunging a 4th degree burglary conviction in Minnesota.

Understanding 4th Degree Burglary

Before diving into the expungement process, it's vital to understand what constitutes a 4th degree burglary in Minnesota. Generally speaking, burglary in the 4th degree involves entering a building, dwelling, or any part thereof, without consent and with the intent to commit a misdemeanor other than theft. This is distinguished from higher-degree burglaries that involve more severe circumstances, such as the presence of a weapon or the intent to commit a felony.

Minnesota's Expungement Law

Minnesota’s expungement law underwent significant changes in 2015, making it easier for certain offenders to have their records sealed. Expungement can be achieved either through statutory or inherent authority. Statutory expungement involves sealing both court and executive branch (like police) records, whereas inherent authority expungement seals only court records.

When considering whether a 4th degree burglary conviction can be expunged, we look at statutory expungement, as it is more comprehensive. Under Minnesota Statute §609A.02, certain crimes are eligible for expungement if the offender meets specific criteria.

Eligibility for Expunging a 4th Degree Burglary Conviction

While not all convictions are eligible for expungement, a 4th degree burglary can be. However, eligibility comes with conditions:

Time: A waiting period applies after the completion of the sentence. For a misdemeanor, such as 4th degree burglary, the waiting period is typically two years after discharge from probation. During this period, the individual should not be convicted of any new crimes.

Rehabilitation: The court will consider factors like the nature and severity of the offense, the risk of reoffending, the person’s criminal record, and evidence of rehabilitation.

Public Safety vs. Benefit to Offender: Courts weigh the benefit of expungement to the petitioner against the risk to public safety. If the benefit to the petitioner (e.g., improved employment prospects) outweighs potential risks to the community, expungement may be granted.

Process of Expungement

Petition: To initiate the expungement process, one must file a petition in the county where the conviction occurred. This petition details the reasons for the request and provides any relevant supporting documentation.

Hearing: After filing the petition, a hearing will be scheduled. Here, the petitioner can present arguments, and the prosecutor can raise objections.

Court’s Decision: The court will then render a decision based on the arguments presented, the nature of the offense, and the petitioner's post-conviction behavior.

Conclusion

While a 4th degree burglary conviction in Minnesota can be a hindrance, the state's expungement laws provide a pathway to clearing one's record. With the right circumstances and proper legal representation, individuals with such convictions can increase their chances of sealing their records and moving forward in life with a clean slate.

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.