Minnesota Expungement Lawyer - Is my case Eligible for Automatic Expungement?
Criminal convictions can come with a lifetime of ramifications, from jobs to housing, to careers, education and more. There are some convictions that you can’t expunge while there are others that are in the discretion of the court. Finally, there are some that are actually available for an automatic expungement. Nevertheless, sometimes have an experienced Minnesota expungement lawyer in your corner can make all of the difference.
“Getting your record cleaned up can be the first step to changing your life.”
Automatic Expungements: New Laws
There are a few new laws that were recently passed in MN that make certain criminal cases eligible for automatic expungements. These include, offenses involving Cannabis, Mistaken Identity and other Offenses. These new laws take effect on August 1, 2033.
Cannabis
Nonfelonies: Minn. Stat. § 609A.055 creates new provisions for the automatic expungement of certain nonfelony cannabis cases.
Felonies- Expungements and Resentencing: Minn. Stat. § 609A.06 discusses the expungement and resentencing of felony cannabis cases. These offenses are not eligible for automatic expungement, but would be considered by a new Cannabis Expungement Board. The board will review records to decide whether the crime a person was convicted of would either be a lesser offense or no longer be a crime under the new laws, and decide whether the conviction should be vacated, charges dismissed, and records expunged, or whether the defendant should be resentenced to a lesser offense.
Mistaken Identity
Qualifies for automatic expansion pursuant to Minn. Stat. § 609A.017 if, before a conviction, the prosecutor decides that a defendant was issued a citation, charged, indicted, or otherwise prosecuted due to mistaken identity. After the prosecutor specifically asks the court to dismiss the case because of mistaken identity, the court will issue an order of expungement without the filing of a petition.
Other Offenses
Other offenses that qualify of automatic expungement pursuant to Minn. Stat. § 609A.015 when:
The charges were dismissed or the defendant was exonerated;
The defendant successfully completed the terms of a diversion program or stay of adjudication for a qualifying offense that is not a felony and has not been charged with a new crime:
For one year immediately following completion of the diversion program or stay of adjudication, or
For one year immediately preceding a review for eligibility completed by the Bureau of Criminal Apprehension (BCA).
The defendant was convicted of a qualifying offense (as listed in the statute) and has not been convicted of or charged with a new crime during the applicable waiting period.
Specific procedures for requesting that your case be reviewed for automatic expungement eligibility are currently being created. As more information becomes available, we will address it.
“Knowing your rights are critical. Learn whether an expungement is automatic or you can seek it is critical.”
If you are facing serious charges or have convictions on your permanent record, all may not be lost. Some could be expunged automatically while others might be eligible for expungement. If so, make sure you sit down with an experienced Minnesota expungement lawyer.
Jack Rice is a former prosecutor, former CIA Officer and a nationally known criminal defense attorney based in St. Paul, MN. Jack is also a Board Certified Criminal Law Specialist. If you are thinking about a possible expungement, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When you life in on the line, Jack Rice Defense.