More On Clearing Up Old Criminal Records

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More On Clearing Up Old Criminal Records

By Jon P. Erickson

The article “Old Criminal Records Can Be ‘Off the Record'”, generated some additional issues which we’d like to address.

The article discussed the legal process known as “expungement” in which information in old criminal records resulting from an arrest process can be sealed or returned. In addition to the situations discussed in that article which might be appropriate for expungement, there are several others that might also be appropriate.

Some controlled substance convictions are appropriate for expungement, depending upon how the case was handled. Many first-time offenders who were charged with and convicted of a controlled substance crime may be eligible for expungement under the Minnesota law.

Also, any individual who is convicted of a felony offense prior to reaching age 21 might also qualify for an expungement under a different Minnesota statute. This particular law provides that an individual who was convicted of a felony offense before reaching age 21 is eligible for an expungement for most felony offense convictions, assuming that five years have passed since the sentence for that offense was served and/or the defendant was discharged from probation. In addition, the individual could not have been convicted of any other new felony or gross misdemeanor offenses during the time period after the offense for which the expungement is being sought.

If you have any questions about expungement or pardons, please call or e-mail either Jon Erickson at (763) 783-5145, e-mail jerickson@bgs.com or Russ Crowder at (763) 783-5143, e-mail rcrowder@bgs.com.

About Jon P. Erickson

Jon Erickson is Of-Counsel at BGS and the Practice Group Leader for Consumer law (PI, Family, Wills/Estate Planning and Criminal Defense). Jon has been the recipient of honors and awards as a criminal defense specialist; including the highest rating given by a national publication, a “Super Lawyer” designation. In January 2012, Jon was named a Certified Criminal Law Specialist by the Minnesota State Bar Association. This certified specialist designation is earned by less than 3% of all Minnesota licensed attorneys.

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