Minnesota Supreme Court Clarifies Scope of Expungement Statute
The Minnesota Supreme Court has now clarified certain aspects of Minnesota’s expungement law. The issue is whether a criminal felony conviction, not able to be expunged on its own, can nonetheless be expunged if the conviction was deemed to be a misdemeanor under Minnesota law. One side of the argument says the answer is “yes” because the conviction is for a misdemeanor. The other side of the argument says the answer is “no” because the person was originally convicted of a felony. The Minnesota Supreme Court answered this question with a “no” – there is no opportunity for expungement of... Read More
Expungement: Eligibility if Convicted of a Felony
We recently highlighted the process of criminal expungement. As noted in that article, not all crimes are eligible for expungement. A felony-level conviction is eligible only if it is listed in the expungement statute itself. But most petty misdemeanors, misdemeanors, and gross misdemeanors qualify for expungement after a period of time. So what happens if you are convicted of a felony-level crime that is not listed in the expungement statute but, because of a favorable sentence like a stay of imposition, the conviction is deemed a misdemeanor or gross misdemeanor after successful completion of probation? Are you eligible for expungement... Read More