What is DUI expungement, and is it possible in Minnesota?DUI expungement is the process of removing a DUI conviction from a person’s criminal record. In Minnesota, it is possible to have a DUI conviction expunged if certain conditions are met. The person must have been convicted of only one drinking and driving offense, must have completed all court-ordered requirements (such as jail time, probation, and/or treatment programs), and must not have been convicted of any other felonies or gross misdemeanors in the preceding three years.
What are the eligibility criteria for DUI expungement in Minnesota?In Minnesota, a DUI conviction may be expunged if all statutory requirements are met. To be eligible for DUI expungement in Minnesota, the following criteria must be met:
1. All fines, restitution, and court costs associated with the conviction must have been paid in full.
2. The individual cannot have any other criminal charges pending or open.
3. The individual must not have been convicted of any other crime since the DUI conviction.
4. A period of probation must have been completed successfully.
5. The individual must not have any pending requests for expungement of other convictions.
Is there a waiting period before someone can apply for DUI expungement in Minnesota?Yes, there is a waiting period before someone can apply for DUI expungement in Minnesota. The waiting period depends on the offense and when the conviction occurred. Generally, a person must wait three to five years from the date of conviction to apply for expungement in Minnesota.
What types of DUI convictions may be eligible for expungement in Minnesota?In Minnesota, some DUI convictions may be eligible for expungement. Eligible convictions include those for a first-time misdemeanor DUI or DWI and standing or parking violations for a first-time DWI or DUI. Additionally, some convictions for implied consent violations may be eligible for expungement. Finally, certain felony DUI convictions may also be eligible for expungement.
Are there specific conditions or rehabilitation programs required for expungement eligibility in Minnesota?Yes, there are specific conditions and rehabilitation programs that need to be met in order for someone to be eligible for expungement in Minnesota. The conditions vary depending on the type of crime committed and the age of the offender. Generally, an individual may be eligible for expungement if they are not currently under any form of criminal supervision, have completed all court-ordered sentences, probation, or parole, and have not been charged with any new offenses since the completion of the sentence or probation. Additionally, individuals may need to demonstrate that they have completed a rehabilitation program and have been law-abiding since the completion of the sentence or probation. It is important to note that each case is different and there may be additional requirements for expungement eligibility.
How does someone initiate the DUI expungement process in Minnesota?In order to initiate the DUI expungement process in Minnesota, an individual must first obtain a copy of their driving record from the Minnesota Department of Public Safety Driver and Vehicle Services. From there, the individual must file a petition in the court where their conviction took place. The petition should include the individual’s full name, date of birth, and contact information. The individual will also need to provide a copy of the driver’s license or state identification card, a copy of the court judgment and any other documents that support their eligibility for expungement. Once the petition is filed, a hearing date will be set where the judge will consider the case and decide whether to grant or deny the expungement.
What documentation or evidence is needed when applying for expungement in Minnesota?In order to apply for expungement in Minnesota, you will need documentation such as police reports, court documents, and other evidence related to the incident. You may also need to provide proof of identity or a copy of your criminal history. The Minnesota statute governing expungement requires that certain facts are met in order for a person to be eligible to apply. These facts include: the age of the applicant, the type of offense charged, the length of time since the offense occurred, and other specifics. In addition to these documents, you may need to provide a sworn affidavit or other evidence to support your request.
Are there fees associated with filing for DUI expungement in Minnesota?Yes, there are fees associated with filing for DUI expungement in Minnesota. The fee for a Petition for Expungement of a Criminal Record in Minnesota is $270.
Can individuals with multiple DUI convictions apply for expungement in Minnesota?Yes, individuals with multiple DUI convictions may be eligible for expungement in Minnesota. However, the eligibility requirements are different for those with multiple DUI convictions than those with just one. Generally speaking, a person with multiple DUI convictions would need to have completed all sentencing requirements, including probation and any other imposed conditions, and would need to wait at least four years from the completion of their sentence before filing a petition for expungement.
Does expungement result in the complete removal of the DUI record, or is it sealed in Minnesota?In Minnesota, expungement does not result in the complete removal of the DUI record. Instead, the record will be sealed, meaning that it will not be visible to the general public, but will still be accessible to certain government agencies and law enforcement.
How do employers, landlords, and background check companies view expunged DUI records in Minnesota?Expunged DUI records in Minnesota are not viewable by employers, landlords, or background check companies. According to Minnesota law, these records are sealed and can only be accessed by law enforcement, prosecutors, and other court personnel. Employers and landlords may not ask a prospective employee or tenant about a DUI that has been expunged.
Is there a difference between expungement and setting aside a DUI conviction in Minnesota?Yes, there is a difference between expungement and setting aside a DUI conviction in Minnesota. Expungement involves completely destroying or sealing a criminal record so it can no longer be accessed by the public. Setting aside a DUI conviction, on the other hand, means that the conviction remains on the offender’s record but is not used to calculate a person’s criminal history for sentencing purposes.
Can expunged DUI records be used against an individual in future DUI cases in Minnesota?No, expunged DUI records cannot be used against an individual in future DUI cases in Minnesota. According to Minnesota state law, any DUI conviction that has been successfully expunged from an individual’s record is considered to have never happened and so cannot be used against them in any future cases.
Do expunged DUI records affect professional licensing or certifications in Minnesota?Expunged DUI records may potentially affect professional licensing or certifications in Minnesota, depending on the profession and the board responsible for the licensing or certifications. Generally, an expunged record in Minnesota may be considered by a licensing board in certain circumstances, such as when considering an applicant’s honesty or integrity. It is recommended that applicants check with the relevant licensing board to determine if an expunged DUI record could have an impact on their professional licensing or certifications.
Are there any restrictions on firearm ownership after DUI expungement in Minnesota?Yes, there are restrictions on firearm ownership after a DUI expungement in Minnesota. According to Minnesota law, a person who has been granted an expungement of their DUI conviction is prohibited from owning, possessing, purchasing, or receiving a firearm for five years after the date of the expungement. Additionally, if the DUI conviction was for an offense related to the use of a firearm, then that person will be prohibited from possessing a firearm for life.
Is there a waiting period for expungement to take effect after approval in Minnesota?Yes. In Minnesota, there is a 90-day waiting period after approval for an expungement to take effect. During that time, the court will notify relevant law enforcement agencies, such as the Department of Corrections and the Bureau of Criminal Apprehension, of the expungement order.
What role does the court or prosecutor play in the DUI expungement process in Minnesota?The court and prosecutor play an essential role in the expungement process for a DUI in Minnesota. The person seeking the expungement will need to submit the expungement petition to the court, which will then decide whether to grant the expungement. The prosecutor needs to be notified of the petition and has the right to object or provide input on the petition. If the court grants the expungement, it is then up to the prosecutor to ensure that all records related to the DUI are destroyed.
Are there resources or organizations that provide guidance on DUI expungement in Minnesota?Yes, there are several resources and organizations that provide guidance on DUI expungement in Minnesota. The Minnesota State Bar Association publishes an informational guide for those seeking to have their DUI charges expunged, which can be found here:
The Minnesota Department of Public Safety also publishes an informational guide on DUI expungement, which can be found here:
Additionally, there are several organizations that provide assistance with DUI expungement in Minnesota. These include the Minnesota Second Chance Coalition, the Legal Rights Center, and the Minnesota Assistance Council for Veterans.