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Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.
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 two, Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.
In Minnesota, a person is allowed to file a petition under Minn. Stat. 609A.03 in order to expunge a criminal record of conviction that was obtained against a juvenile who has been certified for adult prosecution. Minn. Stat. § 609A.02, Subd. 2. This is allowed only when the petitioner has been discharged from the custody of the Commissioner of Corrections or the successful completion of probation. Minn. Stat. § 609A.02, Subd. 2.
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.
Courts will look at 12 factors in analyzing whether to grant an expungement:
- The nature and severity of the underlying crime;
- The risk you pose to the public;
- The length of time since the crime;
- What rehabilitation steps you have taken, if any since the crime;
- Whether there are any aggravating or mitigating factors of the underlying crime, such as your level of participation, the context, and surrounding circumstances;
- The reasons you need an expungement, including your attempts to obtain employment, housing or other necessities;
- Your entire criminal history;
- Your employment record and community involvement;
- Any recommendations from the State and its agencies;
- Any victim input;
- Whether there is any outstanding restitution and what efforts you have made to pay it in full; and
- Other relevant factors.
The most important factors for a petitioner to develop are numbers 4, 6, and 8. The petitioner needs to be able to show some detriment that the criminal record is having on their ability to obtain employment, housing, schooling, etc. And the petitioner should then explain how they’ve bettered themselves since the crime and why they deserve the expungement. An experienced Minneapolis expungement attorney can help the petitioner build and develop their case by recommending certain actions be taken by the petitioner in advance of filing their petition in order to better account for the 12-factors.
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.