Expungement FAQs

The expungement laws have changed over the last few years and can be complicated to navigate and comprehend. There are several types of criminal charges that do qualify for expungement, even when you are convicted. Several felony convictions now qualify as well, this relatively new within the law. If you qualify to apply for expungement, that does not mean you will automatically be granted an expungement. There is still a process to go through which includes drafting and serving a petition and having a court hearing. Montgomery Law can guide you through the process and get you in the best position to apply for the sealing of your record.

If your charge was dismissed or you won a trial, yes, you will qualify for expungement of a felony charge. If you were convicted, you may still be eligible. Many felonies do qualify for expungement but not all. There is a list outlined in Minnesota Statute §609A.02 that specifically states the felonies that do qualify.

Yes, they do in most cases. However, they can be more difficult to get expunged because of the enhancement period. Every DWI conviction is enhanceable, which means if you get another DWI or alcohol related driving revocation within 10 years, the court can penalize you more severely. Courts are hesitant to seal a DWI record when the 10 year enhanceability period has not passed. Further, because you qualify does not mean your request for expungement will be granted. If you have a conviction, you still will have the burden to prove to the court why the expungement should be granted, how the record has negatively affected your life or prevented you from moving forward.

The process typically takes 6 months at a minimum. The statute has timelines written in that make it impossible to make these happen faster. For example, once you have a petition ready to file there is a 60-day waiting period to have a court hearing. Also, if and when your petition is granted, there is another 60-day time period where the record stays open to allow for appeal.

There will be a court hearing scheduled. Although when you are represented by an attorney it is not required that you personally appear, your lawyer can appear on your behalf, it is very beneficial for you to attend the hearing with your lawyer to emphasize how seriously you are taking the matter.

There are certain cases in which there is no filing fee required, the cases where the matter was “resolved in your favor”. Most often if there was no guilty plea, the case was dismissed, or you won a trial, there will be no filing fee required. In all other cases where there was a conviction, there is a filing fee of around $300.00. Attorney’s fees are determined case by case, contact Montgomery Law PLLC to obtain more information on lawyer fees.

You can find forms online and navigate the expungement process yourself, but it is highly recommended to hire a skilled attorney from Montgomery Law who has the experience in handling these matters and is aware of the entire process. There are several steps to follow, and you do not want to miss anything. Montgomery Law is experienced in crafting a persuasive petition and knows what information to provide the court and parties to put your situation in the best light to get this granted.

Every case is different, every client is different, and everyone’s background is different. We need to evaluate the charges, whether it was a conviction or not, your criminal record as a whole, any rehabilitation efforts, and what else you have done in your life until the present. Call Montgomery Law PLLC to get an honest opinion about your charges and the chances of getting an expungement granted.

Have notes regarding your background and history with how this record has affected your life — have you been denied jobs? Housing? Volunteer work? What have you done since the record of this case? Your attorney will need all this information to help win your expungement matter.

No, not through the court process. The statutory expungement process through the court is to seal records related to Minnesota state agencies that have records of your case. For example, bureau of criminal apprehension, department of corrections, police department, prosecutor’s office… among several others.