bloomgren hanson legal, pllc criminal expungement – minnesota statute 609a what is criminal...

Bloomgren Hanson Legal, PLLCCriminal Expungement – Minnesota Statute

609A

What is Criminal Expungement? Legal remedy of sealing records relating to

criminal charges and convictions from the general public.

Is not destruction of records or return of records to you.

Records can still be opened for future investigation and prosecution, law enforcement positions, and Department of Human Services (DHS) background studies unless DHS is included in the Order.

Bloomgren Hanson Legal, PLLC

Two Types of Expungement

1. Expungement under Statutory Authority

2. Expungement under Inherent Authority


Type 1 – Statutory Authority

Expungement under statutory authority may be granted in the following situations:

1. All records related to juvenile delinquency can be expunged.

2. The case was resolved in the individuals favor, either by acquittal or dismissal.

3. The case resulted in diversion or stay of adjudication; 1 year after completion of sentence if crime free.


Type 1 – Statutory Authority (cont.)

4. The case resulted in a petty misdemeanor or misdemeanor conviction; 2 years after completion of sentence, if crime free.

5. The case resulted in a gross misdemeanors conviction; 4 years after completion of sentence, if crime free.

6. The case resulted in a low-level, non-violent felony conviction; 5 years after completion of sentence, if crime free. See list of eligible offenses.



**IMPORTANT**

If the case resulted in a conviction, a person must be able to prove to the court that the need to have their record sealed outweighs any public safety concerns in order to have their expungement petition granted. [See below for more on how the Court will determine this.]



**IMPORTANT**

Expungement pursuant to Statutory Authority is not available until July 15, 2015 if the crime involved domestic abuse or sexual assault, a violation of an order for protection, a harassment restraining order, stalking, or violation of a domestic abuse no contact order.



• If you are entitled to expungement under statutory authority you are entitled to have both court records and executive branch records sealed. This includes records at Bureau of Criminal Apprehension.

• If case was “resolved in your favor” you will not need to pay a filing fee to receive this remedy and you may not even need to appear at a hearing.

• A case is resolved in your favor if the matter was dismissed before a plea or you were acquitted after a trial.


Type 2 – Inherent Authority (cont.)

Applies to all records that do not qualify under the statute (most conviction records and stays of convictions that require an admission of guilt).



Standard: You must prove the expungement would yield a benefit to you that is equal to the disadvantages to the public and public safety of: (1) sealing the record; and (2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.



The court will make this determination based on a number of factors, including:

(1) the nature and severity of the underlying crime, the record of which would be sealed;

(2) the risk, if any, the petitioner poses to individuals or society;

(3) the length of time since the crime occurred;

(4) the steps taken by the petitioner toward rehabilitation following the crime;



(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the underlying crime;

(6) the reasons for the expungement, including the petitioner's attempts to obtain employment, housing, or other necessities;

(7) the petitioner's criminal record;

(8) the petitioner's record of employment and community involvement;

(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;



(10) the recommendations of victims or whether victims of the underlying crime were minors;

(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and

(12) other factors deemed relevant by the court.



If you are only eligible for criminal expungement pursuant to inherent authority the remedy will likely only extend to the sealing of the court records relating to your conviction. Current case law may limit a judge’s ability to order records sealed at the Bureau of Criminal Apprehension and other executive branch agencies where employers and landlords can still access them.

Contact the Bureau of Criminal Apprehension to see what records are on file for public record search and private record search. Based on this information you can determine what the BCA would report even if you were successful in your request for an expungement.


Other Important Information

All expungement petitions, including for dismissed charges, must be filed in the county of record, require victim notification and allow victim statements, and require notice to all record holders.

Offenses with a predatory registration requirement are not eligible.

Expunged records may still appear in commercial databases available to employers and others.

The subject of the record needs a court order to get access to the sealed record.


Petitioning for Expungement

Bloomgren Hanson Legal, PLLCStep 1: Get your complete criminal case history.

• You must list all your cases from everywhere.

• Get a copy of your MN criminal case history at the courthouse.

• Contact Minnesota Bureau of Criminal Apprehension.

• Contact courts in other states directly or the Federal Bureau of Investigation – Record Request.

Bloomgren Hanson Legal, PLLCStep 2: Get Expungement Forms.

• Download from court website: www.mncourts.gov/forms

• Can also get in-person at courthouse

Step 3: Gather personal information

• List of home addresses starting with date of first arrest up to your current address

http://www.mncourts.gov/forms

Bloomgren Hanson Legal, PLLCStep 4: Fill out Petition

Explaining why you want expungement:

• Ask yourself – how does my criminal record cause problems in my life today?

• If you were denied work or housing, explain. Provide details.

• Explain how your life will be better if you get an expungement.


List your entire criminal history:

• Make sure you list everything, including pending cases.

Prior expungement and pardon information:

• Make sure you tell court about other times when you have asked for expungement or pardon


Check the legal reason why you should qualify for an expungement.

List the names of the victim(s) of your crime.

• If stole from store, store is victim.

• If you were charged with assault, write the person’s name.


Check if there is or was a No Contact Order

• If there is or was, must get copies of orders. Can get directly from court house.

• Orders might be called Restraining Orders, Orders for Protection or No Contact Orders

• Might also be a condition of your probation. If this is the case, write “per conditions ordered by the court on [date].”


Tell how you changed your behavior.

• If there was no conviction (check which box you marked in #9), leave this section blank and mark the box “there was no conviction.”

• If there was a conviction, this answer is very important.

• Tell Judge how you have changed your life and how this change will keep you from committing crimes in the future.

Bloomgren Hanson Legal, PLLCStep 5: Choose the right Order and fill out case.

• Order Sealing Record - No conviction or Order Sealing Record – Conviction

• Look at #9 – which box did you check? It will direct you to which Order to use.

Step 6: Fill out Affidavit of Service.

• List name and address of each agency that was involved in your criminal case or that has records on your case. Includes police department, prosecutor’s office, the BCA, the attorneys for City, County and State.

Bloomgren Hanson Legal, PLLCStep 7:Get a Hearing Date.

• Each county will have a different process for getting a hearing date. Contact court in county of offense or go in person to courthouse.

• Recommend getting date that is at least 70 days away. You will need to mail a copy of your Petition to each agency at least 63 days before the hearing.

Bloomgren Hanson Legal, PLLCStep 8: Sign Petition in front of notary.

Step 9: Make copies of completed forms. Need a copy for each agency and for yourself.

Step 10: Address envelopes and place documents to be mailed inside envelope (Petition, Attachments and Order).

Step 11: Have another adult place envelopes in mail.

Step 12: Have adult who mailed envelopes sign Affidavit of Service.

Bloomgren Hanson Legal, PLLCStep 13: Attend court hearing.

• Arrive early.

• When your case is called, follow directions of Judge or clerk about where to stand and when to speak. It is possible you will not be asked to speak at all.

• The Judge may tell you his decision at the hearing and give you a copy of the order or he may tell you you will receive his decision and order in the mail.

• If your Petition is granted Court will have 60 days to seal records as will the agencies involved, if ordered to seal your records.


Resources

MN Courts website - Instructions and Forms on how to petition court for expungement. http://www.mncourts.gov/selfhelp/?page=276

Thomson Hall – Step-by-Step Ecxpungement Guide. www.thompsonhall.com/expungement-guide

Hennepin County Self-Help Center, skyway level of the Hennepin County Government Center, for Hennepin cases (612) 348-9399

Legal Aid (SMRLS) (651) 222-5863 Ramsey and southeast metro counties

Neighborhood Justice Center ( 651) 222-4703 Ramsey County

Council on Crime and Justice – www.crimeandjustice.org

http://www.mncourts.gov/selfhelp/?page=276

bloomgren hanson legal, pllc criminal expungement – minnesota statute 609a what is criminal...

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