Expungement Process

Determining If You Are Eligible For An Expungement

The first step is to find out if your record is the type that may be eligible to be expunged. Some lawyers offer a Free Record Expungement Case Evaluation to determine your eligibility. You should start at this step, before wasting any time or money.

Choosing The Right Expungement Lawyer

A Minnesota expungement lawyer can navigate the expungement process for you and maximize the likelihood your record will be sealed. Your expungement lawyer should be well versed in the new expungement laws that took effect January 1, 2015. You also want someone who listens to the reasons you want to get your record expunged. Lastly, you want someone who is affordable but not too “cheap.” You should expect to pay at least $1,000 – $2,000 in legal fees (not including court costs/filing fees) for your expungement. In the end, being comfortable with the attorney you choose is more important than price.

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Filing a Petition and Serving All the Necessary Individuals and Entities

Once an attorney has helped you determine that you may be eligible for an expungement, the next step toward getting a record expunged is drafting a petition asking the court to expunge the records related to a particular criminal charge. After it is drafted, the petition must be delivered to the court, the prosecutor, the victim, and all the agencies whose records would be affected by an expungement. At least 63 days after the petition is delivered to the court, there will be a hearing in front of a judge.

Preparing for the Hearing

Your attorney and his or her staff will assist you in preparing for the hearing. You will want to review the various reasons outlined in your Petition for why you are asking the court for the expungement. A good expungement attorney will handle most of the preparation items for you prior to your hearing, but some things will be up to you.

The Court Hearing For Your Case

The actual hearing will not take too long. The judge will likely go over the petition your attorney filed for you, and may ask questions of you and why you want the expungement. Often times the court will hear the cases that have an attorney present first, before hearing the cases without an attorney representing the individual. Depending on how busy the courts are on the particular day of your hearing, this could save anywhere from 15 minutes to literally hours of waiting time.

After The Court Hearing

After the hearing, the judge will issue an order either granting or denying the expungement. If the expungement is granted, the judge will order the relevant documents to be sealed, effective sixty days from the day the order is issued. In all, it takes at least 123 days for a person’s records to be expunged.

To learn more about the expungement process and what an expungement attorney can do for you, call 612-888-5188612-888-5188 or fill out an expungement case review form. All communications will remain confidential.

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