Is Your Case Eligible for Automatic Expungement? Insights from Minnesota Expungement Lawyer Jack Rice
By Sullivan Rice
Drug Crimes | Expungements
Criminal convictions can have lifelong consequences, affecting everything from employment to housing, education, and more. While some convictions cannot be expunged, others are at the discretion of the court. Recently, new Minnesota laws have made certain offenses eligible for automatic expungement. Having an experienced Minnesota expungement lawyer by your side can be crucial in navigating this process.
"Cleaning up your record can be the first step toward changing your life."
Automatic Expungements: New Laws
Recent Minnesota legislation has introduced new provisions for the automatic expungement of certain criminal cases, effective August 1, 2023. These include offenses related to cannabis, mistaken identity, and other specific crimes.
Cannabis Offenses
-Nonfelonies: Minn. Stat. § 609A.055 now allows for the automatic expungement of certain non-felony cannabis-related cases.
- Felonies - Expungements and Resentencing: Felony cannabis offenses are not eligible for automatic expungement. However, under Minn. Stat. § 609A.06, they may be reviewed by the newly established Cannabis Expungement Board. The Board will determine if a crime should be reclassified as a lesser offense or if it would no longer be considered a crime under the new laws. Depending on the Board's decision, the conviction may be vacated, charges dismissed, records expunged, or the defendant may be resentenced to a lesser offense.
Mistaken Identity
- Cases involving mistaken identity may qualify for automatic expungement under Minn. Stat. § 609A.017. If a prosecutor determines before a conviction that the defendant was charged due to mistaken identity, they can request the court to dismiss the case. Upon the prosecutor's request, the court will issue an expungement order without requiring a petition.
Other Offenses
- Other offenses may qualify for automatic expungement under Minn. Stat. § 609A.015 if:
- Charges were dismissed, or the defendant was exonerated.
- The defendant completed a diversion program or stay of adjudication for a qualifying nonfelony offense and remained crime-free for one year following completion.
- The defendant was convicted of a qualifying offense listed in the statute and has not been charged with a new crime during the applicable waiting period.
Procedures for requesting a review of your case's eligibility for automatic expungement are currently being developed. As more information becomes available, we will provide updates.
"Understanding your rights is critical. Know whether your expungement is automatic or requires legal action."
If you're facing serious charges or have a conviction on your record, all is not lost. Some cases may qualify for automatic expungement, while others might require a legal petition. In either scenario, consulting with an experienced Minnesota expungement lawyer is essential.
About Jack Rice
Jack Rice is a former prosecutor, CIA officer, and nationally recognized criminal defense attorney based in St. Paul, MN. As a Board Certified Criminal Law Specialist, Jack is well-equipped to guide you through the expungement process. For a free, confidential consultation, contact Jack Rice Defense at 651-447-7650 or 612-227-1339. When your life is on the line, trust Jack Rice Defense.
