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

UPDATED: Nov 12, 2013

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

Asked on November 12, 2013 under Criminal Law, Minnesota


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

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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