Minnesota Expungement Attorney for Juveniles Prosecuted as Adults

Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number two, Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.

In Minnesota, a person is allowed to file a petition under Minn. Stat. 609A.03 in order to expunge a criminal record of conviction that was obtained against a juvenile who has been certified for adult prosecution.  Minn. Stat. § 609A.02, Subd. 2.  This is allowed only when the petitioner has been discharged from the custody of the Commissioner of Corrections or the successful completion of probation.  Minn. Stat. § 609A.02, Subd. 2.

A petition under Minn. Stat. § 609A.03 requires (among other things) that “expungement of a criminal record…be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety.”  Minn. Stat. § 609A.03, Subd. 5(a).  It is worth noting, however, that there is the additional requirement of Minn. Stat. § 152.18, subd. 1, which requires any disposition resulting in discharge and dismissal under this section to be a “not public record,” subject to inspection only for certain specifically delineated exceptions.

The Minn. Stat. § 609A.02, Subd. 2, cases involving juveniles prosecuted as adults should (or may) be granted only if (a) the case was not resolved in favor of the petitioner) but (b) the court balances five different factors to decide whether expungement should be granted:

1.  Whether the petitioner suffers employment and housing difficulties caused by the record of conviction;

2.  The seriousness of the offense;

3.  The public’s “right to know” about the conviction;

4.  The petitioner’s efforts at rehabilitation;  and

5.  Whether the petitioner suffers any other objective hardships as a result of the record of conviction.

In conducting this balancing test, the court should focus on whether the petitioner has shown by clear and convincing evidence that the advantages to the petitioner from sealing the record are commensurate with the burden to the public and public safety, as set forth under Minn. Stat. § 609A.03, Subd. 5(a).  The Minn. Stat. § 609.A.02, Subd. 2, cases should be denied only when petitioner has not shown by clear and convincing evidence that the advantages to the petitioner from sealing the record are commensurate with the burden to the public and public safety.  See Minn. Stat. § 609A.03, Subd. 5(a).

Attorney Jesse Hall at Twin Cities Law Firm, LLC
Contact Attorney Jesse Hall to arrange your NO-OBLIGATION consultation today:  612-293-5245.
Jesse Hall is an experienced criminal record expungement attorney in Minnesota.  He will fight for your right to be free of your past.  Every person makes mistakes.  Not every person’s mistakes follow them through life ready at every turn to ruin your efforts to make a better life for you and your family.  As an attorney and as a law firm, Jesse Hall and the attorneys at Twin Cities Law Firm strongly believe that a person’s worst mishap should not be the standard by which they are judge by others.  Contact Attorney Jesse Hall to determine your legal option for expunging and sealing any or all of you prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

For detailed information on Juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.