There has been a new bill that passed Minnesota’s House of Representatives that aims to help make expungements easier for those with criminal records – it is called the Clean Slate Act. Representative Jamie Long drafted the bill with the premise of allowing the population of Minnesotans with a criminal background, approximately 25 percent of residents, an “opportunity for redemption.”...
On April 1, 2022, the U.S. House of Representatives voted to federally decriminalize cannabis. The bill would also allow some marijuana convictions to be expunged. This was the same bill that was passed by the House in 2020 but stalled by the Senate, with was controlled by Republicans at the time. This time around, the House passed the bill 220-204...
Have you ever wondered if you could pursue public employment after a criminal conviction? The idea of working for the State of Minnesota after a conviction may seem like an unlikely proposition. However, it may not be as unlikely as you think, thanks in part to Minnesota Statute § 364.01. First, it is necessary to define “public employment.” Public employment...
You may have read this title and thought, “what does it even mean to expunge records?” That is a fair question. An expungement is the process of asking a judge to seal court records, this process prevents those records from being publicly accessible. There are two different types of expungement, partial and full expungements. A full expungement is straightforward since...
Yes. You are able to request that all records of your file be destroyed if either of the following circumstances occurred following your arrest: all charges were dismissed prior to a determination of probable cause; or the prosecuting authority declined to file any charges and a grand jury did not return an indictment. If one of the above circumstances is...
An arrest warrant can be issued for a number of reasons, including new criminal charges, a probation violation allegation, or for a failure to appear in court. Whatever the reason, the warrant must be dealt with or else you could end up being arrested and taken to jail under very inconvenient circumstances, to say the least. Contact an attorney immediately...
Predatory offender registration occurs when a person has been convicted of a qualifying crime (pursuant to Minn. Stat. § 243.166) and consequently they are required to provide information about their address and other biographical data with law enforcement. Unfortunately, this is one of those rare cases in the law where the answer is clear—no. A person who was required to...
Expungements for Minnesota offenses must go back to the county where the case was prosecuted. Offenses from other states are unable to be expunged in Minnesota. A Minnesota judge does not have jurisdiction over agencies and courts from other states. A Minnesota judge also does not have jurisdiction to expunge a federal case. And currently, there is no federal expungement...
In the past, the waiting period language in the expungement statute has been interpreted two different ways when person has been charged with or convicted of a new crime since the person was discharged from their sentence (probation or parole). The two interpretations are: 1) if the petitioner has been convicted of a subsequent crime, that conviction must have occurred...
Prior to the enactment of the new expungement statute, DWI offenses were nearly impossible to expunge. Those that involved convictions did not qualify for a full expungement under the old pre-2015 statute; the court could not reach into executive branch records held by the Minnesota Department of Public Safety to expunge the DWI conviction or corresponding driver’s license revocation from...
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