UNDERSTANDING YOUR
CRIMINAL RECORD
It
is important to know that your criminal history can cause you problems whether
you have been convicted of a crime or not. Almost anyone can look at the
records of your criminal history. Employers and landlords review them to make
decisions about job or rental applications. You should know what is on your
criminal record.
WHAT IS ON MY CRIMINAL RECORD?
These
things are on your criminal record
·
Arrests that
did not lead to charges
·
Charges that
were dismissed
·
Charges that
were acquitted
·
Charges you plead
guilty to (it does not matter if you completed probation or another
court-ordered plan or not)
·
Charges that a
jury found you guilty of, (it does not matter if you completed probation or
not)
·
Results of the
cases
Criminal records can also have information about
sentencing like jail time, prison time, probation and parole.
WHO KEEPS CRIMINAL RECORDS?
The Minnesota Bureau of Criminal Apprehension (BCA) has
criminal records for the whole state of
Cities
and counties keep criminal records for things that happened in their area, (jurisdiction),
not the whole state. City and county records are all “public” except juvenile
cases. This means they do not divide them into public and private like the BCA.
City and county records include misdemeanors and petty misdemeanors that might
not be on the BCA record.
HOW DO I GET A COPY OF MY CRIMINAL RECORD?
It is good to know exactly what is on your criminal
record. You can get copies from the BCA and the county where the crime
happened.
· BCA: send a
request to the BCA by mail or by go to the BCA in person. If you need to do
this by mail, call for instructions and forms (651) 793-2400. The BCA is at
· County: contact
the county court first. You can also contact the county’s Community Corrections
or Sheriff’s office, but they will not have all the records.
HOW LONG DO RECORDS STAY PUBLIC?
The BCA keeps records public for 15 years after the
sentence is completed. After that the record becomes private.
All
other agencies keep their records public forever.
WHO CAN LOOK AT “PRIVATE” CRIMINAL RECORDS AT THE
BCA?
In
general, landlords and employers can not see private records. But, if you
sign a consent form, the landlord or employer can get your private records. Most
landlords or employers will ask for this consent before they rent to you or
give you a job.
This is why people want to try to” expunge” their
public and private records. Expunge means get them sealed so that most people cannot
look at them. Only some criminal cases can be expunged.
BASIC INFORMATION
ABOUT CRIMINAL EXPUNGEMENTS
WHAT DOES EXPUNGEMENT MEAN?
Expungement means sealing a public record, like a
criminal record. If your criminal case is “expunged,” then a landlord,
employer, or any other private citizen searching public records won’t be able
to look at it.
The police and other public officials can
look at your sealed files if you are applying for a law enforcement job. They
can get a court order to look at sealed files for criminal investigations,
prosecutions, or sentencing in a new case.
Every
state has different expungement laws. These fact sheets are for
If
you are an immigrant there are special rules about expungements. See the
section
Expungements
and Immigration.
WHY WOULD I WANT AN EXPUNGEMENT
Even if you were not convicted of the crime, having it
on your criminal record can prevent you from:
·
Getting a job
·
Getting housing
·
Traveling to
and from
·
Visiting
relatives in a jail or prison
·
Getting a
student loan.
·
Getting some
government benefits
WHERE DO I GO IF I WANT AN EXPUNGEMENT?
You
have to petition for an expungement in the county where the crime happened. If
you are trying to expunge more than 1 case, but they happened in different
counties, you have to do them separately.
WHEN WOULD A JUDGE NOT GIVE ME AN EXPUNGEMENT?
A
judge can turn down an expungement request if:
·
You have not
finished probation or parole or if you are still under the supervision of
corrections
·
The judge thinks
you may commit another crime. They will look at how long ago the crime happened
and how serious it was.
·
You did not show
a good reason to expunge your records (like showing that having the records
public is hurting you somehow)
·
Your reasons for
wanting the expungement are not good enough for the county to spend the time it
takes to do the paperwork.
·
Convictions for
violent crimes are very hard to expunge.
Getting the court to expunge a criminal record for
something that you were not convicted for is not usually hard, but it does take
a lot of paperwork.
WHAT KINDS OF CASES ARE THE COURTS
MOST LIKELY TO EXPUNGE? There are 3
types of cases that the courts are most likely to expunge:
1. Cases
that were resolved in your favor like
·
acquittals
·
some dismissals
of charges (either outright or by suspended sentence)
·
an arrest that
was never formally charged
·
the completion of
some pre-trial diversion program.
This does not include acquittals by reason of mental
illness or cases where someone pled guilty to a crime and the judge withheld
sentencing.
2. A controlled substance violation (like a drug
conviction) that was dismissed and discharged because you did a diversion
program.
3. A crime you committed as a juvenile but you were
sentenced as an adult, and excused from any more court requirements,
like probation. This does not include offenses committed when you were a
juvenile and assigned to Extended Juvenile Jurisdiction.
WHAT THINGS ABOUT MY CASE MAKE AN
EXPUNGEMENT MORE LIKELY? Some things
make your expungement more likely.
·
If your crime
was not severe
·
If your crime
was not violent
·
If your crime
did not have any victims
·
If the crime
happened a long time ago
·
If you have
not had any crimes on your record since then
·
If the conviction
is making things very hard in your life and on the lives of the people you
financially support
·
If you have
rehabilitated yourself
·
If this is the
only time that you committed this type of offense
WHAT IF I WAS CHARGED WITH A CRIME BUT NEVER HAD TO
GO TO COURT?
In
some cases you can ask to get your arrest records back from the arresting
agency (police, sheriff) and the BCA.
·
If charges
were dismissed with no finding of probable cause.
·
If the
prosecutor didn’t file charges and no grand jury indictment was made in the
case.
This
only applies if you do not have a felony or gross misdemeanor in the 10 years
before the arrest.
In these cases, you do not have to file a petition
with the court for an expungement. Write a letter to the agencies that have
copies of the record (police, BCA) asking for the record. Keep a copy of the
letter. The record and everything in them- like fingerprint cards-
should be returned to you. No one should have that record left on their lists.
CAN I GET AN EXPUNGEMENT IF I WAS CONVICTED?
It
is hard to expunge cases when you were convicted of a crime. This is true
whether the court found you guilty or you pled guilty.
The law says that granting expungement in these cases
is up to each individual judge but that expungements should only be done in
rare cases. You need to prove that:
·
You have
rehabilitated yourself
·
The
expungement benefits you
·
The benefit to
you is greater than the disadvantage to the public (which will no longer know
about your criminal history)
Proving
these 3 points can be hard. You may want to get help or advice from an
attorney.
It does not matter if the conviction resulted from a jury
verdict, a judge’s ruling, a plea bargain, or a dismissal after successful
completion of probation. It does not matter if you were really innocent.
WHAT CANNOT BE EXPUNGED?
You cannot ever get an expungement if your conviction
requires registration like sex offender registration.
Certain traffic offenses, such as speeding, cannot be
expunged because they are not considered “crimes” under
WHAT IF SOMEONE USED MY NAME IN A
CRIME? If someone has committed a
crime and used your name, it could cause you a lot of problems. You should
contact or visit the Bureau of Criminal Apprehension (BCA) and ask to be a part
of their “Questionable Identity Project.” The Questionable Identity Project
works to make sure that victims of identity theft do not pay for somebody
else’s crimes.
The BCA will take your fingerprints and compare them
against the offender who used your name in the crime.
Once
the BCA determines that you did not commit the crime, it will update your
criminal record and let anyone who looks at it know that you are a victim of
identity theft. For more information on this program, contact the BCA at
651-793-2420.
HOW DO I FILE FOR AN
EXPUNGEMENT?
DO I NEED AN ATTORNEY?
You
do not have to get an attorney but expungements are hard to win and take a lot
of paperwork. An attorney can give you good advice for your situation. If you
forget just one required step, such as notifying the police department with
your petition, you may have to start over and file everything again.
Even
if your case is simple, an attorney may help you in a number of important ways,
including:
·
Interpreting
your criminal history
·
Understanding
the law that applies in your case
·
Writing as
many good reasons as possible in your petition
·
“Serving” (sending
copies of the paperwork to) everyone that needs to know about the hearing
·
Writing a
reply to the judge if anyone “served” responds to your petition
·
Appearing in
court to call witnesses and present oral arguments
·
If you get your
expungement, an attorney will “serve” the order (decision) on everyone who
needs to know and make sure that they follow the order
If you cannot get free legal services, you can hire an
attorney to represent you or just to give you advice.
WHAT IF I HAVE MORE THAN ONE CASE TO EXPUNGE?
Check
with the court clerk for your county’s rules. You will probably have to file a
separate petition for each case that you want expunged in that county. Some
counties let you ask for more than one expungement in your petition. Ask if
that affects the scheduling.
If
your cases were in different counties, you will have to file in each county
where they took place.
HOW LONG DOES IT TAKE?
The expungement process takes about 6 months. The law
says you have to tell the agencies that keep track of your criminal records at
least 2 months before your hearing. If you get an expungement they have 2
months after your hearing to appeal if they do not think you should have won.
If you are writing to ask
for return of a record because you never had to go to court it should be
faster.
WHAT FORMS DO I NEED AND WHERE DO I GET THEM?
The clerk at your county courthouse can provide you with a “Criminal
Expungement Packet” that has the blank forms and instructions you need. Some
counties charge for this packet. If you are asking for expungement of a case
with a conviction, the filing costs are about $300. The Notice of
Hearing and Petition form can also be found
online at www.courts.state.mn.us/ctforms.
Some counties have the other forms you
need on their website, but if they do not you will have to get them from the
court clerk.
If
you have a low income, you may not have to pay. Ask how to file an IFP (in
forma pauperis) form that shows you cannot pay.
Before
you start, talk to the court clerk and find out how the hearing date is set. In
some counties the court sets a date, in others you have to pick a date.
Some counties will give you your criminal record for that
county. Be sure to ask, because you need it to fill out the forms. If you cannot
get it at the courthouse, you will have to write to the county to get it.
Read the instructions and fill out the forms. They
must be typed or hand written very neatly. You should have the following forms:
·
Notice of
Hearing and Petition for Expungement- this
is the longest form that you fill out with all the details about yourself and
your case. See the section What Goes in My Petition? for how to fill it
out.
·
Order to Seal
the Record- if you win, this is the
form that gets sent out showing that your case is expunged.
·
Affidavit of
Service- this form is proof that all
the agencies were told about the hearing
The following sections explain these forms. When they
are complete, bring them back to the courthouse and file all the papers with
the court clerk.
Make sure you keep copies of EVERYTHING for yourself. You
need to remember what you said and when your court date is. If you get your
expungement it will be hard to get copies from the court later if you need them.
If you are an immigrant, you will need copies to show the USCIS (new name for
INS). See last section Expungements and Immigration.
The Order to Seal the Record
The Order to Seal the Record is the form the judge signs if you get your expungement. You need to fill parts of it in and file it with all your papers even though you do not know what the decision will be. This makes it easier for the court to handle all the cases it gets.
There are 2 different Order to Seal the Record forms.
One is for cases if you were convicted and one if you were not convicted. Only
file the one that matches your case. Ask the court clerk which parts you should
fill in. The judge will fill in the rest. There are more details about this in
the section called What if I Get an Expungement?
Affidavit of Service
If you ask for an expungement you are
going to have to tell all the agencies that have your record. You do this by
“serving” them with copies of your court papers. To “serve” means to let
someone know in writing about a legal proceeding. You must “serve” everyone who
has records on you that you want expunged. The papers that you send are the Notice
of Hearing and Petition, the Order to Seal the Record, and the IFP
if you have one. This means making enough copies of everything to send to
the list below.
·
The
·
The Minnesota
Attorney General (Public Safety Division)
·
The
·
The County
Department of Community Corrections (Records Division)
·
The City Attorney
(Records Division)
·
The City
Police Department (Records Division)
·
The arresting
agency (if not included above)
You cannot
“serve” the parties. Someone else has to mail the copies of the papers to each
agency responsible for your criminal records at least 63 days before your
hearing. The papers can also be hand delivered. Most of the agencies and their
addresses are on the Affidavit of Service. Then the person “serving” has
to sign the Affidavit of Service in front of a notary public. Make sure
you put this with your other papers when you bring them to the court clerk.
AFTER YOU FILE THE PETITION
After
you have filled everything out and served everybody, bring all the papers to
the court clerk. You have to file the original documents before the hearing. Most counties want the documents filed 30
days before the hearing. If you do not
file your documents, the hearing will be cancelled.
You
have to wait to see if the agencies respond to your expungement petition. They
can support your request or they can tell the judge why they think you should
not get your expungement. If they send a letter to the court, you will get a
copy. This is how you know if they are gong to be at the hearing or not.
You can respond to what they say in
writing. If they do not think you should get the expungement, it is important
that you respond and explain why you think they are wrong. You should make
copies and “serve” everybody again. This all happens before the hearing. If
possible, talk to an attorney for help in writing a good answer. Be ready to
explain your reasons in court.
WHAT GOES IN MY PETITION?
The
longest form you need to fill out is the Notice of Hearing and Petition for
Expungement. This is where you
put down all the information about yourself, and your case, and why you should
be given an expungement. Take the time to do this well. Get help from an
attorney or advocate if you need to. You will need to know all of the things
below.
đ
A Complete
List of All Your Names and Addresses and your Birth Date
(numbers 2, 3 and 4 on the form)
You will need to list all of your names and addresses
since the case that you want expunged began. Double check your criminal record
to make sure you have not forgotten any.
đ
Why You Want
an Expungement (number 5 on the form)
You need to explain to the court why you want the
expungement. You should give specific details about problems it has caused you
and why your life would get better if the record were expunged. Use another
piece of paper if you need more space. Put in details like:
·
The jobs you
have applied for and not gotten. Especially if it was because of your criminal
record.
·
Why it is
important that you get a job, like if you need the money to support an elderly
family member or a child, because no one else does.
·
Any housing you
applied for and were turned down. Especially if it was because of your criminal
record.
·
Any professional
licenses you have applied for and been turned down. Like a teacher’s or
healthcare license.
·
If you are
trying to adopt a child or do foster care and are turned down because of your
criminal history
·
If you are on
probation at a new job and need to clear your record to keep your job.
·
If you were
fired or laid off from a job you had for a long time because your employer
checked your criminal history. If your employer had been happy with your work
up until then, make sure you put that in.
·
If you are in
school and need to clear your record to get a job after school.
·
If you want
to be able to travel to
·
If you get
government benefits because you cannot find a job.
·
If you have a
hard time getting full-time hours at your job, or a better job because of your
criminal record
đ Previous Convictions and Arrests (number 6 on the form)
You
must give a complete list of all your convictions, and other arrests or
criminal charges even if they did not lead to convictions. You must put in
everything from all counties and states. You must put in traffic cases in
To make sure you have listed all the
arrests or cases that are on your record, check your list against your criminal
record. Get printouts from the county
courthouse and the Bureau of Criminal Apprehension (BCA).
If you have a criminal record in another state, also get a copy of your
criminal record from the FBI. If you forget anything, the court might think you
are trying to hide something.
It is good to review all these records. You may even find clerical errors that you can fix by going to your county records department.
Some
criminal offenses might not be listed on the BCA criminal histories—but you
still need to put them on your petition. List your traffic offenses too, like
Driving While Intoxicated, Driving after Revocation, Driving after License
Suspension, Driving without a License, and Driving without Proof of Insurance.
Check with your court clerk to see if the judges in the county will accept a
listing of traffic cases by attaching the defendant history from your county
courthouse to your petition.
đ Prior Expungement Requests (number 8 on the form)
The Petition asks you to list all the times you have
asked for a criminal expungement for any case. Make sure you list them and tell
if you got one or not.
đ Why You Qualify for an Expungement (number 9 on the form)
Check the box that fits your case. For example, if you did not plead guilty and
your case was dismissed, check the box “a criminal matter was resolved in my
favor.”
đ
Details of the
Offense (numbers 10, 11, and 12
on the form)
You need to write all the details like:
·
The date of the
offense
·
The police department
that arrested you
·
The court file
number
·
The date the case was
resolved, and how it was resolved. Like if it was dismissed, or if you pled
guilty.
·
Probation release date
·
Other details
that could help your request. Remember that the court and prosecutors have the
police reports, the court record, and other information to compare against your
petition. Be honest. If you can, talk to an attorney about what information to
add.
·
The names of any victims (or
that there were not any victims)
·
If there is a current order
for protection (OFP), restraining order, or other no contact order, that say
you cannot contact the victims of the case you are asking to be expunged.
Attach a copy of the order
·
If you had any previous
orders for protection or restraining orders against you.
đ
Details
Regarding Your “Rehabilitation” (number
13 on the form)
If you were convicted, you must show the judge that you have changed and will
not commit a crime again. List the things you have done to make changes in your
life that show your rehabilitation. This could be things like:
·
Why you committed
this offense in the first place and what changes you’ve made that show you
won’t do it again. Give specific details, like you have different friends, have
gone to a treatment program, have children and are more responsible; understand
the laws better now, etc.
·
If you have been
through alcohol or drug treatment, write down the name of the program, the date
you finished it, and some of the things you have changed about yourself because
of the program. Attach any documents that show you completed the program to
your petition.
·
Did you go to
Narcotics Anonymous (N.A.) or Alcoholics Anonymous (A.A.) meetings? If yes,
attach proof that you went, like a letter from your sponsor or signed A.A. cards.
Explain how your thinking and actions have changed because you went.
·
Are you active in
a church, the community, volunteering, or some other good activity? If yes,
give details and ask people from your church or community to write letters in
support of your petition. Letters could say things like you aren’t likely to
commit another crime, you need the expungement for specific reasons, you are a
good, responsible, upstanding person, etc.
If you were not convicted of the offense, check the box stating that there was
no conviction for this offense. You do not need to write a statement about
rehabilitation.
NOTICE OF
HEARING
In most counties the clerk will tell you the court date,
time, judge and where the hearing is going to be. Fill in that information in
the Notice of Hearing section. If the clerk cannot give you that information,
they will tell you how to get it. After you fill it in, go to the last page to print
your name, address and phone number on the blanks below the signature line.
Do
not sign it until you are in front of a notary public. You will need to show
your photo ID.
THE HEARING AND DECISION
GETTING READY FOR YOUR HEARING
Here’s
a quick checklist to look at before you go to court
·
Have copies of
all your papers. Make sure they are neat and organized, and that you know where
to find things and what they say.
·
Practice talking
about your case with a friend. It is very important that you know what to say
and can say it clearly. It is very important to be able to explain your
rehabilitation to the judge.
·
Look your best
for court. Remember to be respectful, do not interrupt, and speak clearly when
it is your turn to speak.
·
Be on time!!!