How Does the Expungement Process Work?
The expungement process will take approximately four to six months start to finish. A formal motion to the court must be drafted (including all legally required sections). The motion must then be served on each government agency who has a record regarding the incident. If even one agency is missed, the motion can be denied by the court. Properly serving each agency is extremely important. After the motion is properly served, a hearing date is set. By law, the hearing can be not less than 60 days from the date of service. On the day of the hearing, the attorney for the defendant (called Petitioner) argues to the court why the court should grant the expungement request and seal any records regarding the incident / arrest / conviction.
After the hearing, the judge will issue an order granting or denying the expungement motion. Regardless of the decision, the order does not go into effect for 60 days. If the motion is granted, records are sealed after 60 days. If the order is denied, the defendant has 60 days to appeal the court’s decision.
Should I Hire a Lawyer?
Minnesota law regarding expungement motions is constantly changing. An experienced expungement attorney, current on the law, may significantly increase the chances a motion will be granted. Of course, some expungement requests are easier than others. The most difficult arise when requesting records of a conviction to be sealed. However, it is still possible. At Narins Defense, Attorney Page Haswell Narins stays current on the expungement case-law and has had extraordinary success arguing client’s expungement motions and getting the expungement granted, even in unlikely cases.
No one wants a criminal record and not everyone who has been charged or convicted of a criminal offense needs to live with it on their permanent record. Expungement provides a way to put the past IN THE PAST. If a criminal record is interfering with your ability to get a job, housing, licensing, or loan you should consider expungement.
Remember, the information above is just a basic summary of what you can expect if considering an expungement. There are too many fact-specific variables to cover every situation in one document. Therefore, this information should not be relied upon for legal advice. The best thing you can do to find out if expungement is right for you is to hire an experienced expungement attorney. If you have further questions, feel free to contact Narins Defense for a free consultation.