Having your record expunged means having the Court order that the record be sealed. Sealed records are not viewable in background checks performed by individuals such as employers, landlords, or volunteer organizations. Records can include 911 calls, arrest data, criminal investigative data, mug shots, identification data or DNA data. Basically, any data information used by a public agency when a record is created by an arrest, charge, or conviction.
Expungement can fall into one of two categories – statutory or inherent.
Statutory expungement is permitted by law and covers the following categories:
- Certain controlled substance offenses
- Crimes committed by juveniles who were prosecuted as adults
- Cases resolved in the Petitioner’s favor
- Diversion programs and Stays of Adjudication with certain conditions
- Misdemeanors and Petty Misdemeanors with certain conditions
- Gross Misdemeanors with certain conditions
- Some low-level felonies with certain conditions
Inherent Authority is the authority for a judge to decide to seal records in some cases not mentioned above. Under this category, the burden is on the individual to prove there is a reason they deserve an expungement. However, certain criminal convictions, such as Murder, Criminal Sexual Conduct, Kidnapping, Sex Crimes Involving Minors, and DWI cannot be expunged.
The laws regarding what type of records can be expunged and when they can be expunged can be complicated. In either a Statutory or Inherent expungement, having a lawyer knowledgeable in the process ensures your petition is as strong as possible. Call our office today at 612-548-4453 to discuss the possibility of expungement with one of our attorneys.