Ed Shaw Law - No Nonsense Legal Advice
Call 800-507-0352 To Schedule A Consultation
To Schedule A Consultation
Offices in St. Cloud and Brainerd, serving all surrounding areas
Coronavirus Impact and Assurance: Yes! We are still open for business!

For the last year, thanks to the hard work of all of our staff, and you, our clients, no one who works at this office has gotten Covid while working here, and we have not spread a single case to any of our clients, while getting all of our client's legal needs taken care of. With the spread of vaccination the end is in sight, normal times where we can meet our clients in person in the office are just around the corner.

During the transition we will be having some in person, in office appointments for clients who have already been vaccinated, and for whom the CDC recommended period of time has passed since their last shot. Of course, for anyone who would prefer a phone or video appointment for safety, convenience, or any other reason those types of appointments are always available.

For our clients who have not yet completed the vaccination cycle phone and video appointments are of course available, and, with the return of warm weather we will again be offering outside appointments under the tent right outside our front door. For all appointments, masks will continue to be required.

Through the transition safety of all staff and clients will continue to be our top priority, we look forward to seeing you soon.

Please see our blog for more info on pandemic response.

Reviewing Minnesota’s expungement criteria

| Oct 2, 2020 | Criminal Defense

Those convicted of a crime in Minnesota often fear what the long-term repercussions of their convictions may be (no matter the crime they stand accused of committing). Their fears are often justified; having a criminal record can negatively impact one’s future ability to get a job and qualify for housing, not to mention the general stigma many may in the public may assign to them.

Yet should any criminal interaction merit consequences. Per the Restoration of Rights Project, Minnesota state law makes it unlawful for any prospective employer or state licensing agency to discriminate against one due to an arrest that did not result in a conviction, or any misdemeanor offenses for which there were no criminal penalties imposed. The same is true following the expungement of one’s criminal record. This prompts the question of how can one have their criminal record expunged.

Qualifying for an expungement in Minnesota

Section 609A.02 of Minnesota’s state statutes says that in order to qualify for expungement, one must first meet one of the following criteria:

  • Have the ruling in their criminal case issued in their favor
  • Wait one year following the completion of a diversion program or a stay of adjudication
  • Go two years without an arrest following a conviction for a petty misdemeanor (four years for a conviction of a gross misdemeanor)
  • Go five years without an arrest following a conviction for certain felonies

One can find a list of the felonies eligible for expungement through the state’s Office of the Revisor of Statutes.

Other expungement scenarios

In addition, state law allows for offenses for possession of a controlled substance and criminal convictions one incurred as a minor to qualify for expungement.

FindLaw Network