What Is Meant By Having A Record Expunged?
Having a record expunged does not reverse any convictions, but it does seal the record from public access. This means that it will no longer show up on a person’s background check. A court order would be required to unseal the record or to even receive confirmation that it exists.
How Does Having A record Sealed Compare To Having A Record Expunged?
Having a record sealed is the same as having a record expunged.
Who Is Eligible To File For An Expungement Of A Record?
In Minnesota, eligibility for expungement of a record is dependent upon the type of crime involved. However, if charges have been dismissed, then the record is definitely eligible for expungement. Regardless of the crime, misdemeanors and gross misdemeanors are eligible for expungement. If a diversion program was completed, there is a waiting period depending on the level of charge. Generally speaking, that waiting period is shorter for misdemeanor charges than it is for felony charges. Furthermore, only specific types of felonies are eligible for expungement. Those generally tend to be the felonies that are not considered person offenses. For example, assault, robbery and burglary offenses are generally not eligible for expungement.
What Types Of Records Can And Cannot Be Expunged?
There are two different kinds of expungments in Minnesota: executive branch and judicial. Executive branch expungement seals a record as held by any government agency (police department, department of health, etc.). Judicial expungement only seals the court record. So, the type of expungement a person seeks will depend on how widely they want their record sealed. However, they may be limited by the type of conviction they are dealing with. For instance, a felony conviction that is not eligible for a full, executive branch expungement may still be eligible for a judicial brand expungement. This may be helpful, but since it is not a complete expungement, police departments would still have access to the criminal record. In addition, any background check that is carried out through those agencies would reveal the criminal record.
What Does My Record Look Like After It Has Been Successfully Expunged?
Having a record expunged does not undo the conviction. However, depending on the type of expungement, the criminal record may no longer show up on background checks.
For more information on Having A Record Expunged In Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 684-9740 today.
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