A new expungement law will be going into effect on January 1, 2015. For the first time, it will allow an expungement or sealing of arrest records even for people who have been previously convicted of crimes, if they meet certain conditions. Under the old law, the expungement was only for judicial branch records (court records). Under the new law, it expands the expungement statute to include:
1. Stays of adjudication & diversion: are now eligible for expungement one year after probation ends;
2. Convictions for petty misdemeanors and misdemeanors: are now eligible for expungement 2 years after probation ends;
3. Gross misdemeanor convictions: are now eligible for expungement after 4 years after probation ends; and
4. Certain non-violent felonies: are now eligible for expungement 5 years after probation ends.
In the past, there were no statutory waiting periods when obtaining an expungement. But many judges applied their own “secret” waiting periods that were not published anywhere. Now, there are set timelines in place that shed light on whether and when certain offenses can be expunged.
Most important, the law has evolved and now allows judges to seal records held by the BCA and other executive branch agencies. This is a HUGE change in the law and will help many people. The sealing of BCA/ARREST records (i.e. “executive branch records) is critical if individuals want their full records sealed. The BCA, the state equivalent of the FBI, is typically where employers or landlords go when conducting employment and housing background checks. Also, it is now possible to get arrest records and booking charges sealed EVEN IF YOU WERE CONVICTED. This was not part of the old expungement law. In the past, judges could not order the BCA to seal arrest records. Given the scope of the new law, Keller Law Offices can file a new expungement petition asking the Judge to order the BCA to seal all of its records, INCLUDING ARREST RECORDS. This will help ensure that your records will not be found by future employers or landlords or anyone else.
If you are interested in sealing ALL your arrest records, jail/booking records, and other executive branch records, please feel free to contact Keller Law Offices. There are two Minnesota criminal lawyers that you can speak to. Minnesota Criminal lawyers will be able to file an expungement petition on your behalf. The Minnesota criminal lawyers at Keller Law Offices offers free consultations. Take advantage of the new expungement law and contact the criminal lawyers at Keller Law Offices. Call 952-913-1421 right away to get your record cleaned up!