In my previous article, I discussed the 2015 statutory changes to the Minnesota Expungement Law and explained the eligibility requirements to get your criminal records sealed. In this article, I will discuss the factors the court must consider once a petition for expungement has been filed.
Pursuant to Minnesota Statute § 609A.03, the Court shall consider the following to determine whether a petition for expungement should be granted:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner’s level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner’s attempts to obtain employment, housing, or other necessities;
(7) the petitioner’s criminal record;
(8) the petitioner’s record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;
(10) the recommendations of victims or whether victims of the underlying crime were minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
If the prosecutor agrees to the expungement and with the approval of the court, the expungement may be ordered without the need to file a petition. In addition, the new law allows an expungement to be ordered even if restitution is still owed for the crime.
If the Petitioner requests it, in his or her petition, and the expungement is granted, each agency or jurisdiction is now required to send a letter to the Petitioner confirming the relevant record has been expunged.
If you or a loved one seek to have your criminal records expunged, please call Minneapolis Criminal Defense Lawyer F. T. Sessoms at (612) 344-1505 today!