This page was designed to help our clients better understand our Minnesota Arrest Record Expungement service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
If you receive an expungement for a nonconviction, the court order will require the records of the case to be sealed from the public entirely; this includes records pertaining to the case kept by the court as well as by other state agencies (such as the Bureau of Criminal Apprehension). However, if you received an expungement of a conviction, then the order will generally only seal the court records of the case, but will not seal records kept by other agencies or the MN Bureau of Criminal Apprehension.
Yes, but only under very limited circumstances. The records can be reopened if there is a subsequent criminal investigation or prosecution, or to evaluate you as a prospective employee of a criminal justice agency.
Once an arrest or conviction has been expunged, you can deny it as though it never existed.
An expungement of non-convictions seals the records of the arrest/charge from all agencies, including state agencies, except for criminal justice agencies. Thus, most state licensing agencies will not ever find out about the case, and you can deny the existence of the case on any employment or licensing question. An expungement of conviction will seal the court records but the MN Bureau of Criminal Apprehension may choose not to seal their records. However, you will have proof of the expungement and if the potential employer Both these will certainly increase your chances of success.
You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the case off of your record.
No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.
Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are better to argue the case in your favor.
The case can take several months (typically four to five) because the court has to give the government an opportunity to respond, and if the government objects a hearing is usually held. The length of each petition varies based on the circumstances of each case and each individual, as well as the case load of the court at the time.
We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.
The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed.
We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.
Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.
No, it does not matter. If you have an arrest or conviction that is eligible for expungement, it does not matter whether you pleaded guilty/no contest or were convicted after a trial. However, if you were convicted then the amount of records that are sealed is different. Please see the section on expunging Minnesota convictions.
If we are unable to succeed on your case, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money back guarantee.
We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.
We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.
The court will look at each case individually and determine whether you are eligible to expunge that particular case. Thus, having multiple convictions on your record does not necessarily make you ineligible for an expungement; however, the judge can look at your entire criminal history to determine whether granting you an expungement is in the interest of justice
You can only have a felony reduced to a misdemeanor in Minnesota if the sentence that was actually imposed for that felony conviction was a sentence for a gross misdemeanor (not more than $3000 fine) or misdemeanor (not more than 90 days jail or fine or $1000).
You can legally deny that your conviction ever existed. The records will be tightly sealed and not released to the general public.
However, the records of the arrest/charge are not completely destroyed. The records can still be opened and inspected under very limited circumstances in the future, such as whenever you apply for a job with a criminal justice agency, or for sentencing purposes if you ever commit any future offenses.
Yes. The Bureau of Criminal Apprehension does not seal, return, or destroy any DNA samples or DNA records.
Yes. Your criminal history will state that you were charged with a crime and the charge was dismissed. Thus, unless you receive an expungement, the public will continue to know about the arrest/charge even if you were not convicted.
The court will provide you a written order for the expungement, which directs all agencies that have records of the offense to act according to the order. However, if your expungement is for a conviction, the agencies do not have to comply with the order but if the court records will be sealed
This just depends on the particular agency. The court will update its records shortly after the judge issues the order. Agencies update their records once they receive a copy of the court order and that typically takes 30 days.
If it is denied, it could be because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) you have not followed all of the correct procedures, (4) the court does not believe it will be in the interest of society to grant you the expungement, or (5) you or the particular offense is otherwise not eligible for expungement.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that re-filing would be successful or we recommend the person wait longer to re-file, then there is the money-back guarantee for certain services.
No. Registrable offenses are NOT eligible for expungement.
Yes. Both arrests and convictions are eligible for expungement in Minnesota, as long as the other requirements are met.
Expungement does not clear your driving records. However, after a certain number of years the driving records fall off and disappear, unlike your criminal history which may never disappears.
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.
The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.
In Minnesota, your voting rights are automatically restored upon your completion of the sentence.
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, it is important to get a case-by-case analysis tailored to your specific facts. To find out if your criminal conviction will impact your immigration case it is imperative you contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.
No. There is a separate procedure to get your gun rights restored. An expungement will not automatically restore your gun rights. Please view the information on restoring firearm rights.
Call us 612-466-2697 or Toll Free 877-573-7273
Please take the free online eligibility test before calling.
Law Firm of Higbee & Associates
80 South 8th Street, Suite 900
Minneapolis, MN 55402
*By Appointment Only