Expungement offers a fresh start for those with a criminal record. However, you must meet specific waiting periods before you can apply. Understanding these timelines is crucial for anyone looking to clear their record in Minnesota.
The waiting period depends on the type of offense
The waiting period for expungement varies based on the type of offense. Knowing these timelines will help determine when to start the expungement process.
- Misdemeanors: You must wait at least two years after completing your sentence, including probation or parole.
- Gross misdemeanors: The waiting period extends to 4 years following the completion of your sentence.
- Eligible felonies: For specific felonies listed under Minnesota law, you must wait five years after finishing your sentence.
Meeting these waiting periods is the first step in preparing your expungement application. Ensure you have completed all aspects of your sentence, including financial obligations like fines or restitution.
Are you eligible for expungement?
Eligibility for expungement depends not only on the waiting periods but also on the nature of the offense and your behavior since the conviction. You may be eligible if:
- Your charges were dismissed or you were acquitted.
- You completed a diversion program or received a stay of adjudication.
- You have remained crime-free during the waiting period.
Understanding these eligibility criteria will help determine if you can proceed with your expungement application.
If you believe you meet the waiting periods and eligibility criteria for expungement in Minnesota, you may want to seek a legal professional who can guide you through the process and protect your rights.
