Minnesota Expungement Lawyer: The Definitions You’ll Need.
Life can be difficult and nobody is perfect. We all make mistakes. The question is, what do we do to address those mistakes. While this may be true in all facets of life, what about criminal convictions? This is where an experienced Minnesota criminal expungement lawyer can make all of the difference. If you have prior criminal convictions here in Minnesota and want to clear your name, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.
Expungement Definitions
As you think about whether to attempt an expungement of your criminal record, it is important to understand some of the legal terms. The purpose of this article is to provide a list of legal definitions that frequently apply in criminal expungement cases here in Minnesota. Reading the definitions is one thing. Having an experienced Minnesota criminal expungement attorney by your side thought the entire process is quite another. For more, contact Jack Rice Defense.
Acquittal
To be found not guilty of a crime by a jury or judicial officer.
Adjudicated Delinquent
When the juvenile court finds that a child committed a juvenile offense.
Arrest
When a person is restrained or taken into custody so they may be held to answer for a public offense. An arrest can, but does not always, result in a person being charged and/or prosecuted.
Certifying a Minor as an Adult
When a child is tried as an adult for an offense they have been charged with. When this happens, the juvenile court’s jurisdiction over the case ends, and the case is transferred to adult criminal court.
Continuance for Dismissal
An agreement between the prosecutor and the defendant to not move forward with prosecution of a case for a set amount of time. If the defendant follows the terms of the agreement and does not get any new charges within the agreed-upon time, then the case will be dismissed.
If you are thinking about a Minnesota criminal expungement, contact Jack Rice Defense or call 651-447-7650 or 612-227-1339.
Conviction
To be found guilty of a crime through a guilty plea or by a jury or judicial officer after trial.
Crime
An act not allowed by law that may be punished by imprisonment and/or a fine.
Defendant
A person charged with a crime.
Dismissal
The ending of a criminal or juvenile delinquency case prior to trial or verdict that stops the proceedings against the defendant or juvenile offender.
Diversion Program
A program that refers certain defendants or juvenile offenders (for example, those with no prior criminal or adjudication history, no prior diversion, no prior felonies, not a violent criminal offense, etc.) before trial to community programs such as job training or education which, if successfully completed, may lead to dismissal of the case.
Expungement
It is the process of going to Court to ask a judge to seal a court record. It doesn’t destroy record. Instead, it removes it or seals it from public view
Felony
A serious crime which can be punished by incarceration for a period of more than one year.
If you are thinking about a Minnesota criminal expungement, contact Jack Rice Defense or call 651-447-7650 or 612-227-1339.
Gross Misdemeanor
A crime that can be punished by incarceration of up to 364 days and/or a fine up to $3,000.
Law Enforcement Agency
An agency at the state, county, or city level that enforces laws, makes arrests, and investigates crimes.
Misdemeanor
A crime that can be punished by incarceration of less than 90 days and/or a fine up to $1,000.
Objection
A response by an agency (for example, the MN Bureau of Criminal Apprehension, County Attorney’s Office, City Attorney’s Office, etc.) to a person’s expungement petition/proposed order. Objections may be done by sending a letter to the court (with a copy sent to the person seeking expungement) or they can be raised at the court hearing.
Pardon
When the Board of Pardons unanimously agrees to forgive a person convicted of a crime, so that any remaining penalties or punishments are removed and the convicted person is treated as innocent. The MN Board of Pardons is made up of the MN Governor, Attorney General, and Chief Justice of the Supreme Court.
Petty Misdemeanor
An act that can be punished by a fine not more than $300 that is not considered to be a crime.
Probation
A penalty as part of a criminal or juvenile delinquency sentence where the defendant/offender is ordered to follow set conditions to prevent future criminal behavior. Probation may be supervised or unsupervised.
If you are thinking about a Minnesota criminal expungement, contact Jack Rice Defense or call 651-447-7650 or 612-227-1339.
Prosecutor
An attorney working on behalf of the government to prove that a person committed a crime.
Stay of Adjudication
Occurs following a guilty plea when the court withholds entering a conviction or adjudication if the defendant follows certain conditions (for example, probation, community service, fines, treatment, restitution, etc.). If the defendant successfully completes these conditions, the case is dismissed.
Stay of Imposition
Occurs following a guilty plea to a particular level of offense. If the defendant agrees to follow certain conditions (for example, probation, community service, fines, treatment, restitution, etc.) and successfully completes the conditions, the conviction is dropped to a lower level (for example, Gross Misdemeanor to Misdemeanor). If the defendant does not successfully complete the conditions, the court can vacate the stay of imposition.
Time to Start Over?
If you have been thinking about clearing an old criminal conviction from your record and can’t seem to get the job you want or keep the job you have, an expungement may be a really great idea. For more, 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.