Minnesota Expungement Lawyer & Attorney
Expungement law update, great news!
Lynne Torgerson, Esq., expungement lawyer, criminal defense lawyer, has been practicing law for over 27 years. She has been handling expungements for nearly as long, with good success.
There is good news for people who want to obtain expungements. As of January 1, there is a new expungement law. Petitioners can now get get both judicial and executive branch records expunged even if they were convicted of an offense. For a number of years, people were barred from obtaining an expungement if there was a conviction in their case. Now however, under the new statutes, a person with a conviction may obtain an expungement. The new law has waiting periods for when a person can seek an expungement, depending on the severity of the offense. Also, after discharge from probation, to be eligible for an expungement, a person needs to remain law abiding. That means you cannot get another criminal conviction. Again, to obtain an expungement of a conviction, you need to remain crime free, after you have been convicted, and after you have been discharged from probation. You must also go back to the county of conviction. If you have a conviction in more than one county, you must go back to each county in which you have a conviction you wish to have expunged. This is a new wonderful “second chance” law benefiting you. Ms. Torgerson would love to help you obtain an expungement. Expungements also help obtaining employment and housing. Ms. Torgerson has extensive experience obtaining expungements and she can help you on your case.
Ms. Torgerson has obtained expungements of judicial and executive records of misdemeanors and felonies, theft convictions, drug charges, assault cases, aggravated robbery, homicide, adult and juvenile cases, etc., for her clients. Call Lynne Torgerson, Esq., expungement lawyer, a lawyer of excellence! (612) 339-5073!
Additionally, contrary to popular belief, even a “non guilty” outcome of a criminal case has the potential to affect your future in a very significant way. Getting accused for a criminal offense often leads to a criminal record which hinders the process of gaining employment, renting an apartment or property and many such similar affairs.
A criminal expungement is the process of sealing these records from showing up in public view through background checks and similar additional searches. If you want to lead a normal life even after the criminal court case, it is highly recommended that you have a Minnesota expungement lawyer on your side. Lynne Torgerson is a Minnesota expungement lawyer of repute who has painstakingly worked to ensure that her expungement clients are successful.
Ms. Torgerson has long been working in the area of expungements. It is one of her favorite areas. Mr. Torgerson has diligently and extensively done research in this area of law. Her painstaking work has greatly benefitted her clients. Ms. Torgerson has been so dedicated to the area of expungements that she has lobbied the Minnesota legislature for changes to the expungement laws, has drafted proposed legislation, and has successfully litigated cases in the trial courts and Court of Appeals. It is an area in which she can be considered very knowledgeable and expert.
She also handles her criminal cases with an eye towards expungement. Ms. Torgerson often gets clients who have no prior criminal record. Thus, the need to protect their clean criminal record, and, future, and future employment possibilities, is great. Thus, she often seeks to resolve her clients cases with no criminal conviction, no guilty plea, and no admission of wrongdoing. Where such outcomes are obtained, then a person is presumptively entitled to an expungement. In such circumstances, a person can get all of his/her records expunged, the judicial and executive. This is because where a conviction occurs, obtaining an expungement is much more difficult, and usually only obtainable in the discretion of the judge.
Expungement of Past Criminal Convictions
In criminal cases where the guilty plea was not entered even once during the pre-trial programs, there is very high probability of the individual qualifying for an expungement. Even a convicted individual has the option of applying for an expungement, usually where the convicted individual has not had any more offenses for a significant amount of time after the conviction. In such a scenario, the convicted individual usually needs to show rehabilitation and provide support or proof that the expungement would not lead to a threat to public safety. In addition to that, the convicted individual usually needs to show also that the criminal record is impeding crucial aspects of his life.
Generally speaking, there are three (3) types of expungement. One is complete, for example, where the fingerprints, etc. and records are all destroyed. This is usually where there was no probable cause to support the charge found. The next is sealing judicial and executive branch records, where the case was resolved in a defendant’s favor, with no plea or conviction. In this situation, the records are sealed, and employers, for example, cannot find them. The third type of expungement may be obtained following a conviction.
An expungement can seal the criminal records from showing up on criminal background checks. However, where sealing occurs, government officials such as immigration authorities and police usually can still get access to sealed criminal records in the instance of a just cause. It would not be wrong to say that expungement is allowed to individuals who show promise of leading their lives within the legal guidelines drawn by the state.
Can a person receive an expungement of a felony conviction when they received a stay of imposition of sentence and it is subsequently deemed a misdemeanor as a matter of law?
In an expungement appeal in March 2017, the Minnesota Supreme Court, in a sharply divided opinion of 4-3, held that under the new “second chance” law, there is no expungement eligibility for defendants who received a stay of imposition of sentence on a felony, successfully complete probation, and upon discharge from probation, their conviction is deemed a misdemeanor as a matter of law. State v. S.A.M. (Minn. 2017).
Commentary: this is a very disappointing decision. Defendants need to be able to expunge felony convictions that have been reduced to a misdemeanor. This may be the most important type of case needed to be expunged. Society wants people to turn away from their wrongful criminal conduct, become law abiding, and become contributing members of society. And, when citizens do so, they should be rewarded for it. Further, these types of convictions are probably the most harmful to employment and economic growth. And, people should receive the benefit of what they were told they were getting: a misdemeanor.
The failure to recognize this convictions as eligible for expungement give rise to the very important questions: exactly what is the benefit of a stay of imposition of sentence on a felony conviction, where upon successful discharge from probation, the conviction is deemed a misdemeanor as a matter of law? For purposes of gun rights, it remains a felony. And now, for purposes of expungement, it remains a felony.
It is requested that the legislature quickly act to amend and make it clear that if a person receives a stay of imposition of sentence, and is successfully discharged from probation, and the conviction is deemed a misdemeanor as a matter of law, that the defendant can later get said conviction expunged. This is a needed and important amendment to the expungement statutes.
Minnesota Expungement Attorney
More often than not, the expungement process can be very complicated and painstaking, in order to get it done correctly. Only through professional help and assistance can one ensure that the case is properly presented and heard completely and the paper work is filed correctly and without any obstacles. If required, a expungement attorney can also help you in gathering evidence which is essential for the sealing of your criminal record.
In an expungement case, retaining a compassionate and experienced expungement attorney such as Lynne Torgerson can turn the tide in your favour. With over twenty seven (27) years of experience, she is certainly one of the best Minnesota expungement attorneys in the nation.
Lynne Torgerson is known among her clients for her compassion, and excellent results. If you are on the way of exploring your options for expungement, it is highly recommended that you request for a consultation with Lynne Torgerson as soon as possible.
Contact Us Today For A Consultation
Our Minnesota Expungement Lawyer Lynne Torgerson represents clients throughout the entire State of Minnesota.
Contact Lynne Torgerson today at 612-339-5073 for your consultation. Our law firm can help you with our qualified Expungement Lawyer in Minneapolis, Minnesota, and throughout the State of Minnesota.