Is there a way to remove a theft offense off my record?

Asked on November 12, 2013 under Criminal Law, Minnesota

Answers:

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

Answered 7 years ago | Contributor

What you wish to do is to have the matter expunged. When you say "offense" do you mean conviction?  Expungement of a conviction in Minnesota is possible but not often granted. Also, if you pled guilty and received a "Stay of Imposition" or a "Stay of Adjudication" and the charge was later dismissed, this is still considered a conviction for expungement purposes. Here is what the court says:

There is no guarantee that you will get an expungment. You need to do the paperwork and convince the Judge that, on balance, the benefit to you from getting an expungement is more than the disadvantage it would be for the public to not have access to your criminal record. This generally means you have to prove that:

  1. you have been denied work, housing, or a professional license because of your record;
  2. sealing your criminal record will not negatively affect public safety; and
  3. you have rehabilitated yourself.

Expungement involves a lot of paperwork and attention to detail, and it takes at least 4 months to complete the process. If you decide to go forward and request an expungement, be sure that you talk to a lawyer or, at a minimum, that you understand all of the required procedures and that you carefully follow them.

Speak with a criminal attorney that does this type of work.  Good luck.


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