Expungement can be a second chance for people who have a criminal record that has been affecting their ability to get a job, housing, or professional license. If granted by a court, expungement seals a criminal record from the public; in other words, the expunged records will not show up in routine background checks. The police, FBI, or other public officials may still be able to access those records under certain circumstances.
Not all cases are eligible for this kind of expungement. Those who have low-level felonies, misdemeanors, gross misdemeanors, and/or juvenile delinquency on their record may be eligible for expungement under the statute, which was dramatically expanded in 2015. All cases have a waiting period, which starts when probation ends. The length of the waiting period depends on the level of the crime.
However, just because a case is eligible for expungement does not mean that a judge will necessarily grant the request. A judge will consider a number of factors, including:
– The nature and severity of the crime
– The amount of time which has passed
– Any rehabilitation
– The person’s other criminal history (or lack thereof)
Determining eligibility for statutory expungement can be complicated. Our defense attorneys are available for a consultation to discuss whether you are eligible for expungement or the steps you can take to get closer to eligibility. We are also available to discuss alternatives to statutory expungement, including judicial expungement and pardon.
As a testimonial, here is a success story we have on an expungement case:
“Our client had been charged with two misdemeanors for an incident which occurred in 2015 while he was in college. He successfully completed informal probation (and his degree). The judge ordered that the records be sealed, so our client should not have to disclose the incident to future potential employers.” – Hennepin County, June 2018
Our defense attorneys will give you straight talk and honest answers about your chances for expungement. F. Clayton Tyler PA can lead you through the process, requirements, and stand beside you at every step.