KEYSER LAW BLOG


Minnesota’s Expungement Law Explained: A Visual Guide
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Minnesota's Expungement Law Changes

 

Effective January 1, 2015, Minnesota’s expungement law provides new opportunities for people to seal criminal records. Sometimes called Minnesota’s new “Second Chance Law,” the ability to successfully seal a criminal record and get a fresh start is now possible.

 

With 87% of employers performing some form of a background check, Minnesotans are continuously denied jobs or are fired because of a criminal record. These records range from dismissed charges to diversion programs, to low-level criminal convictions and serious felonies. Prior to 2015, Minnesota law was strict and limited the number of people eligible for expungement. With the 2015 law changes, expungements are now available to a larger group of people and judges have more power to seal records beyond those held at the courthouse.

 

Minnesota’s expungements are divided into two main categories: those qualifying for expungement pursuant to statute, and those qualifying under the court’s “inherent authority.” Under the pre-2015 expungement law, most people did not qualify for an expungement by statute and could only seek an expungment through the court’s inherent authority. This not only limited the number of people who could obtain relief from courts, but also limited the amount and type of relief a judge could grant. The majority of people seeking an inherent authority expungement were limited to only sealing the records held by the court – all other records held for that person remained open and accessible to the public. These unsealed records include those held by police departments, sheriff’s offices, prosecutors, the Department of Health, the Department of Human Services, and the Bureau of Criminal Apprehension. These “limited” expungements were not providing a meaningful remedy to people seeking to clear their records from public view.

 

With the new expungment law changes, it can be confusing whether a particular case qualifies for expungement and if it does, how long a person must wait before submitting a request for expungement. This visual guide provides an overview of Minnesota’s Expungement Law, what is considered a “record,” and the different eligibility categories for expungement. Consult a Minnesota expungement attorney to learn more about specific cases and how to seal a record.

 

Minnesota Expungement Law 2015


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MINNEAPOLIS & ST. PAUL CRIMINAL DEFENSE & DWI LAW FIRM SERVING

 

With offices in Minneapolis and Stillwater, Minnesota, Keyser Law, P.A. handles cases throughout the Minneapolis-St. Paul metropolitan area including:

 

HENNEPIN COUNTY

 

Bloomington, Brooklyn Center, Brooklyn Park, Champlin, Chanhassen, Corcoran, Crystal, Dayton, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenfield, Greenwood, Hanover, Hopkins, Independence, Long Lake, Loretto, Maple Grove, Maple Plain, Medicine Lake, Medina, Minneapolis, Minnetonka, Minnetrista, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, Rockford, Rogers, Shorewood, Spring Park, St. Anthony Village, St. Bonifacius, St. Louis Park, Wayzata, Woodland and Hassan Township.

WASHINGTON COUNTY

 

Afton, Bayport, Birchwood Village, Cottage Grove, Dellwood, Forest Lake, Grant, Hugo, Lake Elmo, Lake St. Croix Beach, Lakeland Shores, Lakeland, Landfall, Mahtomedi, Marine on St. Croix, Newport, Oak Park Heights, Oakdale, Pine Springs, Scandia, St. Marys Point, St. Paul Park, Stillwater, Willernie, White Bear Lake, Woodbury, Baytown, Denmark, Grey Cloud Island, May, West Lakeland, Garen and Point Douglas.

RAMSEY COUNTY

Arden Hills, Blaine, Falcon Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, North Oaks, North St. Paul, Roseville, Shoreview, St. Anthony, St. Paul, Spring Lake Park, Vadnais Heights, White Bear Lake and White Bear Lake Township.

ANOKA COUNTY

Andover, Anoka, Bethel, Blaine, Centerville, Circle Pines, Columbia Heights, Columbus, Coon Rapids, East Bethel, Fridley, Ham Lake, Hilltop, Lexington, Lino Lakes, Nowthen, Oak Grove, Ramsey and St. Francis.

DAKOTA COUNTY

Apple Valley, Burnsville, Coates, Eagan, Farmington, Hampton, Hastings, Inver Grove Heights, Lakeville, Lilydale, Mendota, Mendota Heights, Miesville, New Trier, Northfield, Randolph, Rosemount, South St. Paul, Sunfish Lake, Vermillion and West St. Paul.

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