Threading the Needle: Can You Expunge a Threats of Violence Conviction in Minnesota?

If you have a criminal record that is holding you back, you are not alone. Nearly one third of adults in the United States have a criminal record. Old criminal records that prevent future opportunities is a problem that plagues our society. In this post, I’ll delve into the intricacies of Minnesota’s expungement laws and discuss the possibilities and challenges associated with expunging a threats of violence conviction.

Understanding Expungement in Minnesota

Before diving into the specifics, it’s important to understand what expungement means in Minnesota. Expungement refers to the process of sealing a criminal record from public view. It doesn’t erase the record completely but restricts who can access it. Generally, law enforcement and some government agencies may still see expunged records, but they are hidden from landlords, employers, and the general public.

Threading the Needle: Can You Get Threats of Violence Convictions Expunged?

Up until recently, the answer was “no”. Threats of violence was not on the list of felonies that was eligible for expungement. Even if your conviction was converted to a misdemeanor through a stay of imposition, Minnesota still treated the offense as an ineligible felony for the purposes of expungement (see State v. S.A.M.).

This all changed with the 2023 Clean Slate Act. Now, if your felony conviction turned into a misdemeanor through a stay of imposition, you are eligible to petition for expungement if you meet the other requirements. It is a difficult process, but Jack Rice Defense can create the best chance of success for you.

Factors Influencing Expungement Eligibility and Chance of Success:

1.    Nature of the Offense: If the threats of violence conviction is deemed less severe the chances of expungement might be higher than if the underlying facts are more severe.

2.    Time Since the Conviction: Minnesota law requires a waiting period after completing your sentence before you can apply for expungement. If your offense was converted to a misdemeanor through a stay of imposition, you will need to be crime free for 5 years following discharge from probation.

3.    Criminal History: Your overall criminal history will be considered. A relatively clean record aside from the conviction in question may improve your chances.

4.    Rehabilitation Efforts: Demonstrating that you’ve taken steps towards rehabilitation, such as attending counseling or anger management courses, can be beneficial.

The Process:

1.    Petition for Expungement: The process starts with filing a petition for expungement in the county where the conviction occurred.

2.    Providing Evidence: You may need to provide evidence supporting your case, such as character references or proof of rehabilitation.

3.    Hearing: A court hearing is usually scheduled, during which the judge will consider your petition and any objections from the prosecutor.

4.    Judge’s Decision: The judge will make a decision based on factors like public safety, the severity of the offense, and your rehabilitation efforts.

Challenges and Considerations

Expunging a threat of violence conviction in Minnesota is not a straightforward process. The nature of the offense might make the court more cautious, given the potential implications for public safety. Furthermore, if the threat was directed towards a specific protected class or was part of a pattern of domestic abuse, this might complicate the expungement process.

What if Your Offense Was Not Converted to a Misdemeanor and Remains a Felony?

Sadly, you are not eligible for expungement. But that doesn’t necessarily mean you can’t get rid of your record. There is another process through the power of the pardons where you could clean your slate. It is a more difficult process than expungement. You need to go before the Governor of Minnesota, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court to argue your case.

But there has never been a better time in the history of Minnesota to petition for a pardon. New laws just removed the old requirement of unanimity, requiring just two votes as long as one of them is from the governor. Contact Jack Rice Defense to see if we can help you get a pardon.

Conclusion

While cleaning your threats of violence conviction in Minnesota is challenging, it’s not necessarily impossible. Each case is unique, and the outcome often depends on various factors, including the specific circumstances of the offense, your criminal history, and your efforts towards rehabilitation. If you’re considering this route, it’s crucial to consult with an experienced criminal defense attorney who can guide you through the process and help you present the strongest case possible for expungement or if necessary a pardon.

contact Jack Rice Defense for a consultation. 651-447-7650 or 612-227.1339. When your life is on the line, Jack Rice Defense.

Peter Lindstrom, Of Counsel

Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense. He brings both intelligence and creativity to crafting defenses and figuring out different strategies to advance the interests of the clients of Jack Rice Defense. Peter is also the creator of FalselyAccused.com, a website devoted to reverse engineering wrongful convictions from the past to provide insights for those falsely accused today.