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Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal).
There are five circumstances of criminal conviction expungement and sealing of record:
- Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
- Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
- Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
- Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
- Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority
In this section, we will discuss number one, Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal).
The expungement of certain Minnesota controlled substance offenses from a person’s criminal record is allowed by Minn. Stat. § 609A.02, subd. 1, after dismissal and discharge occurs under Minn. Stat. § 152.18. According to Minn. Stat. § 609A.02, subd. 1, there are two requirements:
- • First, the drug case must have been a violation of Minn. Stat. §§ 152.024 (C/S crime in the 4th degree), 152.025 (C/S crime in the 5th degree), or 152.027 for possession of a controlled substance (sched. V and marijuana).
- • Second, the drug case must have been dismissed and discharged (stating, “upon dismissal and discharge of proceedings against a person under section 152.18, subd. 1,” which covers deferring prosecution for certain first time drug offenders).
If a person meets these two requirements, then the person may, according to Minn. Stat. § 609A.02, subd. 1, “petition under § 609A.03 for the sealing of all records relating to the arrest, indictment or information, trial, and dismissal and discharge.”
A petition under Minn. Stat. § 609A.03 requires (among other things) that “expungement of a criminal record…be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety.” Minn. Stat. § 609A.03, subd. 5(a). It is worth noting, however, that there is the additional requirement of Minn. Stat. § 152.18, subd. 1, which requires any disposition resulting in discharge and dismissal under this section to be a “not public record,” subject to inspection only for certain specifically delineated exceptions.
When the court grants a petitioner’s request to expunge and seal the petitioner’s criminal record, then the petitioner is said to be restored to the status the petitioner occupied before the arrest or charges in the case that created the criminal record. Further, the petitioner is not guilty of perjury or of the giving any false statement if the petitioner fails to acknowledge the arrest, charge, or trial related to the criminal record. This is true even when the petitioner denies the criminal record in response to any inquiry made for any reason. See Minn. Stat. 609A.03, Subd. 6.
How Much Does It Cost?
An expungement is not cheap, but it offers you a second chance that you deserve. You can expect to pay $2,000 or more, without any guarantee of results.
PLEASE NOTE: as always, the website does not give specific, legal advice to any individuals; the law on this website is here to give a better understanding of the state of the law at the time it was written; it is in no way intended to be relied upon by anyone in any way; in the law there are almost always exceptions to every rule; criminal expungement is not different; it is ALWAYS recommended that you speak to an experienced attorney to obtain sound and valid legal advice for your situation.