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What to Expect from the Expungement Process in Minnesota

Minneapolis criminal defense attorney can help clear your record

An expungement, or setting aside, of your conviction can help you move forward with your life without fear of a background check revealing a criminal record. With an expungement, you can:

  • Find a new job
  • Find a new place to live
  • Get a college or university education
  • Get public benefits

Expungement is the process used to set aside an adult conviction and adjudication is the process used to set aside a juvenile conviction.

To begin the expungement process, Jeff T. Ohara, Attorney at Law, PC can file a motion on your behalf with the court that convicted you. The process can be complicated and it requires ample documentation, for instance, a certified record of the conviction (Judgment of Sentence for an adult criminal case and Order of Disposition for a juvenile criminal case), and it can refer to legal terms you may not be familiar with. There is also a fair amount of legwork involved. For example, you need to provide two sets of fingerprints. It is also a good idea to demonstrate rehabilitation with letters of recommendation, work records, etc. Once all documents have been provided, the court schedules a hearing date, usually a few months out to allow examination of your record and the clerk records the date on the application. Once you receive this packet back from the court, it must be copied and sent to the prosecutor who tried your case, the Attorney General and the Minnesota State Police.

Let criminal defense attorney Jeffrey O'Hara shoulder the burden to clear your record. We have detailed knowledge of Minnesota courts and expungement law, and we can advise you every step of the way to a brighter future.

What is Proof of Service?

On the application for expungement or adjudication is a section entitled Proof of Service. Here the date that copies of your application packet were sent to the prosecutor, Attorney General and Minnesota state police must be filled in.

Determining eligibility for setting aside felony and misdemeanor convictions

There are many stipulations that govern whether you are able to file for an expungement. The following may render you ineligible:

  • Multiple convictions, either felonies or misdemeanors, at either the adult or juvenile level, including any out-of-state or federal convictions
  • A life imprisonment sentence
  • Sex crimes convictions
  • DUI conviction
  • Less than five years have passed since your conviction
  • Less than five years have passed since your release from prison

In addition, you must be at least 24 years old to file for a juvenile crime adjudication. Backed by more than 20 years of criminal defense experience, we can help you understand your eligibility by reviewing records of your conviction or convictions. Then we can advise you on next steps. Even if the prosecutor or Attorney General or the victim files an objection to your request or the state police hold that you are not eligible, we think we can help you.

Don't let a previous mistake hold back your future. Contact us for your free initial consultation.

Get guidance on whether you can set aside your criminal conviction and breathe more freely. Call Jeff T. Ohara, Attorney at Law, PC in Minneapolis at (612) 605-6020 or simply contact us online.