Expungement

Southern Minnesota Expungement Lawyer

A criminal conviction can remain on your record for the remainder of your life. This means you could have difficulty finding a place to live, getting a job, going to college, and doing anything in life that requires a background check. Your right to own a firearm could also be compromised. All of these are good reasons as to why you should petition to have a qualifying criminal offense expunged from your criminal record.

If you have been charged with or convicted of a crime, you may be able to have your record sealed so that anyone who does a background check on you does not see the charge or conviction. To do this, your Southern Minnesota expungement attorney will consult with you and tell you whether or not the charge or conviction is one that qualifies for expungement. There are specific crimes that can or cannot be expunged. Your attorney will tell you if you qualify and then move forward with the process if you qualify.

Requesting Expungement

When you request your record to be expunged, you have to prove that there is some kind of undue hardship that the record is causing you. For instance, it may be causing you issues with finding a job or it may be keeping you from leasing an apartment or home. The information is public, so people can see the following information:

• The charge or offense
• The name of the court that handed down the conviction or dismissed the charges
• The details about the sentence that was served
• Any other details relevant to the offense

When expunged, these details cannot be seen by anyone other than law enforcement. Law enforcement will always be able to see the record.

It is important to know that there are some crimes that cannot be expunged. These crimes include aggravated assault, murder, DUI/DWI, and sex crimes. The crimes that can be expunged are considered based on the circumstances surrounding them. You and your Mankato expungement lawyer have the burden to prove that you do not pose a risk to public safety, that you have been fully rehabilitated, and that the record is causing you issues with moving forward in your life.

The Expungement Process

Your attorney will submit the petition for expungement with the court. The hearing will then be held 63 days after the filing of that petition. At the hearing, your request will be considered by the judge. If your request is granted, you can expect to see the charge or conviction removed from your criminal record after 60 days. The reason why the period is 60 days is so any affected parties can appeal the expungement before the record is officially sealed. Because of this, it is possible for the process to take six months to finish.

Contact A Mankato, MN Expungement Lawyer

If you have been accused or convicted of a crime that you need removed from your criminal record because it is causing you to have difficulty getting a job, a place to live, or another hardship, you may be able to have it removed. Only certain charges and convictions qualify and certain criteria must be met. Fortunately, Birkholz Law can evaluate your case and tell you whether or not you are a candidate for expungement. For a free case evaluation, call the St. James office at 507-375-3374, the Mankato office at 507-387-2100, or the Westbrook office at 507-274-6501.