Is It Possible To Expunge A Juvenile Record In Minnesota?
As an attorney in Minnesota, you may receive inquiries from clients seeking to expunge their juvenile records. Expungement is the process of sealing or erasing a criminal record from the public view. Juvenile records are typically sealed to protect the privacy of the juvenile and allow them to move on from their past mistakes. In Minnesota, it is possible to expunge a juvenile record, but it is a complex and often lengthy process. This blog post will explore the requirements and steps involved in expunging a juvenile record in Minnesota.
Eligibility Requirements for Expunging Juvenile Records in Minnesota
Minnesota law allows juvenile records to be expunged under certain circumstances. Juvenile records may include arrest records, court records, and any other records related to the juvenile’s delinquency. To be eligible for expungement, the juvenile must have completed their sentence or disposition, including any probation or community service requirements. Additionally, the juvenile must not have any pending criminal charges or convictions.
The first step in the expungement process is to file a petition in the juvenile court where the offense occurred. The petition must include a detailed description of the offense, the date of the offense, and any other relevant information. The juvenile must also provide reasons why they believe the expungement is necessary. The court will review the petition and may hold a hearing to determine whether to grant the expungement.
Minnesota has three levels of expungement: sealing, partial expungement, and complete expungement. Sealing means the record is still available to law enforcement agencies and may be used in future criminal proceedings. Partial expungement means that some portions of the record may be expunged while others remain accessible. Complete expungement means that the record is completely erased and cannot be accessed by anyone except in limited circumstances.
Factors Considered When Granting Expungement in Minnesota
The type of expungement that the juvenile is eligible for will depend on the offense committed, the juvenile’s age at the time of the offense, and other factors. For example, certain crimes, such as murder, kidnapping, and criminal sexual conduct, are not eligible for expungement. Additionally, the court will consider the juvenile’s age, criminal history, and the severity of the offense when deciding whether to grant expungement.
If the expungement is granted, the court will order all relevant agencies to seal or expunge the juvenile’s record. This includes law enforcement agencies, courts, and other government agencies that may have access to the record. However, it is important to note that private companies or organizations may still have access to the record, depending on their policies and procedures.
Limitations of Expungement in Minnesota
It is also important to note that expungement does not entirely erase the offense from the juvenile’s record. The offense may still appear on certain background checks, such as employment or housing applications. However, the juvenile can truthfully answer that they have not been convicted of the offense, as it has gets expunged.
Expungement is a complex and often lengthy process for juveniles seeking to seal or erase their criminal record in Minnesota. The expungement eligibility and the expungement type will depend on several factors. These factors include the offense committed, the juvenile’s age, and criminal history. Suppose you or someone you know is seeking to expunge a juvenile record in Minnesota. In that case, it is essential to consult with an experienced attorney who can guide you through the process and advocate on your behalf.
About the Author:
A lifelong Minnesotan, founding partner Ronald R. Envall has spent his entire legal career fighting for the little guy, focusing on workers’ compensation, Social Security, and personal injury cases. He has been recognized by SuperLawyers as a Top Rated attorney in Duluth, placing him in the top 5 percent of all workers comp lawyers across the state. In his free time, Mr. Envall serves on the boards of several area government and nonprofit organizations and is a member of the Minnesota Association for Justice, which supports consumer rights.