CanI get an expungement fora petty misdemeanor theft charge on my record?

I joined the Army earlier this year but in order to gain the security clearance required I cannot have this on my record. Is this a good enough reason that a judge may allow for expungement? If so, how can I go about doing so. If not, are there any other options? It is very important to me to that I ship on-time and without worry of being unable to obtain the security clearance as I am currently homeless and jobless and the Army will prevent a most certain unpleasant life for me. Should I speak to a criminal law attorney about this? I’m in MN. 

Asked on July 30, 2010 under Criminal Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would seek help from a criminal attorney in your area.  From what I have read, your conviction may not allow for you t be able to have your record expunged in Minnesota.  The likelihood is that even if granted, the court would only be able to seal the record and not expunge them.  That means it will show up on a background check.  Additionally, expungement requires a lot of paperwork and in Minnesota it takes at least 4 months.  I am going to give you a link to the Minnesota Judicial Branch that discusses this in more detail.  But also seek help from  an attorney.  You are trying to tun your life around and I see not greater good than that.  Good luck.




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