Minnesota Expungement Lawyer & Attorney

Minnesota Expungement Lawyer & Attorney

Expungement law update, great news!

There is good news for people who want to obtain expungements.  There is a new “Second Chance” law.  As of January 1, 2015, 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 expungement statutes, a person with a conviction may obtain an expungement.  This includes expungements following convictions for petty misdemeanors, misdemeanors, gross misdemeanors, and a specific list of felonies.  The new law has waiting periods for when a person can seek an expungement, depending on the severity of the offense.  These waiting periods generally range from one (1) to (4) years.  Importantly, a person must not be convicted of anything during the waiting period.  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 file your petition for expungement in the county of conviction to seek the expungement. If you have a conviction in more than one county, you are required to file your request for expungement in each county in which you have a conviction you wish to have expunged.  Additionally, a petition for an expungement is required for each separate offense.  A separate filing fee is also charged for each case where there was a conviction.  This is a new wonderful “second chance” law benefiting you.  Ms. Torgerson would love to help you obtain an expungement.  Expungements help in obtaining employment and housing.  Ms. Torgerson has extensive experience obtaining expungements and she can represent you on your case.

Ms. Torgerson has obtained expungements of judicial and executive records, of petty misdemeanors, misdemeanors, and felonies, adult and juvenile cases, aggravated robbery, assault, disorderly conduct, domestic assault, driving under the influence, drug charges, DUI, DWI, hit and run, homicide, loitering with intent, minor consumption, shoplifting, theft, trespass, underage drinking, etc., for her clients, throughout the State of Minnesota.  Call Lynne Torgerson, Esq., Expungement Lawyer, a lawyer of excellence, for representation on your expungement case:  (612) 339-5073

Minnesota Expungement Lawyer Lynne Torgerson, Esq. wins expungement of 1st degree murder indictment

Expungement Lawyer Lynne Torgerson, wins expungement of 1st degree murder indictment, after a very long drawn out battle. Ms. Torgerson’s client, out of Dakota County, was charged via indictment with 1st degree murder. Ultimately, the indictment was dismissed. Said client later sought expungement of the 1st degree murder case. The State opposed, and the trial court denied the expungement. Ms. Torgerson, on behalf of her client, took an appeal to the Minnesota Court of Appeals. The Minnesota Court of Appeals concluded that the trial court failed to properly consider Ms. Torgerson’s client’s request, because the case had been resolved in her favor, and reversed and remanded the case to the trial court. The Minnesota Court of Appeals also noted that the trial court failed to properly apply the presumption in favor of expungement to Ms. Torgerson’s client’s request for expungement.  Upon remand to the trial court, Ms. Torgerson’s request for expungement of her murder charge was granted. Good work Ms. Torgerson!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of 2nd degree DWI in Washington County

Expungement Attorney Lynne Torgerson has won an expungement of a 2nd degree DWI.  In Minnesota, the term DWI is the same thing as DUI.  The case was out of the County of Washington, State of Minnesota.  The date of offense was from 2003.  Ms. Torgerson’s client had remaining law abiding for approximately fifteen (15) years, and, needed expungement of various cases for employment advancement.  The court, The Honorable Richard C. Ilkka presiding, granted her client’s request.

Lynne Torgerson, Minneapolis Expungement Lawyer, wins expungement of domestic assault case in Benton County, State of Minnesota

Expungement Lawyer, Lynne Torgerson, has won expungement of another misdemeanor domestic assault case, this time out of the County of Benton, State of Minnesota.  The new Second Chance Law is working.  This case was approximately fifteen (15) years old, and no longer enhanceable.  The Petitioner is now about 37 years old, and the case originally occurred when the defendant was approximately 22 years old.  He is now a law abiding, mature, responsible citizen deserving a second chance.  Good work Ms. Torgerson.

Minnesota Expungement Attorney Lynne Torgerson won expungement of possession of a controlled substance

Expungement Lawyer Lynne Torgerson won expungement of a possession of a synthetic drug case out of the County of Washington, State of Minnesota.  Ms. Torgerson’s client was a high school graduate,  a university graduate, an Honor Roll student, and had received a Honorable Discharge from the Marines.  An expungement would benefit him in his military and employment careers.  The court granted his request for expungement.  Well done Ms. Torgerson!

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of felony unauthorized use of a motor vehicle

Expungement Lawyer Lynne Torgerson won an expungement of felony unauthorized use of a motor vehicle out of Ramsey County, State of Minnesota.  Ms. Torgerson’s client was convicted of felony unauthorized use of a motor vehicle.  Ms. Torgerson obtained an expungement thereof.  Well done Ms. Torgerson!

Lynne Torgerson, Expungement Lawyer, wins expungement of domestic assault case

Lynne Torgerson, Expungement Attorney, won an expungement of a misdemeanor domestic assault, a misdemeanor crime of domestic violence, that originated out of the City of Farmington, County of Dakota, State of Minnesota.   Good work Lynne Torgerson!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of juvenile records felony motor vehicle theft out of City of Champlin, County of Hennepin

Expungement Lawyer Lynne Torgerson wins expungement of juvenile records involving felony motor vehicle theft out of the City of Champlin, County of Hennepin, State of Minnesota.  When Ms. Torgerson’s was a juvenile of approximately 14 years of age, he was adjudicated guilty of felony unauthorized use of a motor vehicle.  Subsequently, he had matured, joined the military, gotten married.  The Court granted his request for expungement of his juvenile records.  Well done Ms. Torgerson and her client!

Expungement Attorney Lynne Torgerson wins expungement of theft case out of the City of Minnetonka

Expungement Lawyer Lynne Torgerson has won another expungement case.  This case involved a theft of a telephone from an employer who was a telephone company.  It occurred in the late 1990s and it was continued for dismissal.  Where a case is continued for dismissal and a person successfully completes same, later, if said person seeks an expungement, the law provides that he/she is presumptively entitled to an expungement, unless the State can prove by clear and convincing evidence that the State needs the records.  So, where the original case was resolved in a defendant’s favor, it is much easier to obtain an expungement, because, under the law, the expungement should be granted unless the State can prove a need for the records.  That is unlikely.  Herein, the petition for expungement was fortunately, granted.  Well done Ms. Torgerson and client!

Lynne Torgerson, Esq., Expungement Lawyer, wins expungement for recent college graduate

Lynne Torgerson, Esq. just won another expungement case.  This case was out of Hennepin County.  Her client is a recent college graduate.  Her client had had some indiscretions during her college days, resulting in a couple of misdemeanor convictions.  Ms. Torgerson’s client had since ceased such behavior, had graduated from college, been involved in extensive volunteer activities, and was beginning her career.  The Court awarded her an expungement.  Good work Ms. Torgerson!

Lynne Torgerson, Esq. wins another expungement for employment purposes

Expungement Lawyer Lynne Torgerson, Esq. wins another expungement in Hennepin County in the same week.  In this case, Ms. Torgerson’s client had a couple of convictions about eight (8) years old, with one prior expungement of a third case involving no conviction.  Previously, she had been denied expungement on two prior requests, represented by a different lawyer.  This time, making the third time the charm, with Ms. Torgerson’s representation, her two (2) requests for expungements were GRANTED  Ms. Torgerson’s client had remained law abiding during the intervening 8 years, had maintained her employment, had maintained her residence, had obtained some counseling, and because of a corporate takeover, was about to lose her long term employment, whereby she would be moving anD seeking new employment in a smaller city.  The Court awarded the expungement.  Congratulations to Ms. Torgerson and her client!

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of felony 3rd degree assault sentenced as a misdemeanor assault in Washington County

Minnesota Expungement Lawyer Lynne Torgerson won expungement of a 3rd degree felony assault out of the County of Washington, State of Minnesota.

Ms. Torgerson’s client was originally charged with felony 3rd degree assault and 5th degree misdemeanor assault for punching a man who had used vulgar language with his mother in a restaurant.  Interestingly however, the trial court in the original proceedings sentenced it as a misdemeanor, with 90 days imposed and 1 year probation.  Having made this a misdemeanor, under the new expungement statutes from 2015, her client was eligible for an expungement, and, having remained law abiding for a significant amount of time, the Court granted his request.  Well done Ms. Torgerson and client!

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of felony 5th degree possession of crack cocaine

Expungement Lawyer Lynne Torgerson won expungement/expunction of a felony 5th degree possession of controlled substance crack cocaine, out of Ramsey County, State of Minnesota.  Ms. Torgerson’s client had been convicted of felony 5th degree possession of a controlled substance, namely, crack cocaine.  Ms. Torgerson’s client had remained law abiding for a good amount of time, and needed expungement of these records for employment purposes, in particular, with respect to Metro Transit, the Post Office, or as a security guard.  The Ramsey County District Court granted his request and ordered expungement of his criminal records.  Well done Ms. Torgerson!

Minnesota Expungement Lawyer Lynne Torgerson wins felony theft expungement in Douglas County

Minnesota Expungement Attorney Lynne Torgerson won expungement of a felony theft case out of Douglas County, State of Minnesota.  The case had been dismissed.  Ms. Torgerson’s client, now residing in Canada, needed to have these records sealed so that he could reside and work in Canada.  Well done Ms. Torgerson!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of felony 3rd degree assault

Minnesota Expungement Lawyer Lynne Torgerson won expungement of a 3rd degree felony assault out of the City of Forest Lake, County of Washington, State of Minnesota.

This type of felony is not on the list of statutorily expungeable felonies. Therefore, Ms. Torgerson’s client was granted a judicial expungement, where judicial records are sealed.  And, even though the client had received a stay of imposition of sentence, whereby the conviction was deemed for a misdemeanor, under case law, for purposes of expungement, these types of cases are treated as a felonies.  Notwithstanding, the court granted the request for judicial expungement.  Well done Ms. Torgerson and client!

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of aggravated robbery.  Surprisingly, a heartwarming case.

Ms. Torgerson represented G.S. in an expungement.  At the time, G.S. was approximately 80 years old.  Early in life, he had been convicted of an aggravated robbery.  After, he led a law abiding, and exemplary, life.  He married and remained married for decades.  He had been employed for decades with a car dealership, and did all sorts of jobs for it.  He performed janitorial work.  He transported customers in a van.  He did whatever was asked of him, and was grateful for his job.  He paid off the mortgage on his home.  Indeed, how many people have you ever known who have actually paid off their mortgage.  All of his life he wanted to get this conviction off of his record.  He wanted to be free of the shame of it.  Then, came the hearing day.  A long time experienced judge of Ramsey County District Court presided.  Ms. Torgerson made argument on behalf of Mr. G.S., and told the wonderful story of Mr. G.S.’s life.  Then, the judge announced that she was going to grant Mr. G.S.’s expungement.  With all due respect, at that time, the law really did not permit the court to grant Mr. G.S. an expungement.  However, mercy won out.  Mr. G.S. quietly shed tears of joy and relief after he heard the judge’s decision.  Mr. G.S. was extremely grateful and finally felt free of his earlier conviction.  The Second Chance Law of expungements really worked in this case.  This is how justice is supposed to be administered; when necessary, grant mercy, and not according to the letter of law.  Courts do need to grant extraordinary mercy, in equity, when the facts call for it.  Thank goodness the judge had the backbone to do the right thing.  Not long after however, Mr. G.S. discovered he had cancer, and sadly, passed.  At least however, he went free of his very old case.  God bless G.S.  May he rest in peace.

Expungement Lawyer Lynne Torgerson wins expungement of leaving scene of accident conviction

Expungement attorney Lynne Torgerson won an expungement of a hit and run case, also called leaving the scene of an accident.  This case was out of the City of Linwood, County of Anoka, State of Minnesota.  The case was from 1992.  The Anoka County Attorney’s Office did not oppose the expungement.  Ms. Torgerson and her client simply walked in the courtroom, the case was called, the County Attorney did not oppose, and the judge granted the expungement.  Quick and easy wins are always fun!

Expungement Lawyer Lynne Torgerson wins expungement of theft, trespassing, and minor consumption charges

Lynne Torgerson, Esq., Expungement Attorney, won an expungement case out of the City of Minnetonka, County of Hennepin, State of Minnesota.  Her client’s charges were originally minor consumption, theft, and trespassing.  Her client was convicted of minor consumption; the trespassing and theft charges were continued for dismissal.  The latter charges were dismissed in 2002.  Her client had subsequently served in the military, deployed overseas, and gotten married.  Fortunately, the court granted Ms. Torgerson’s client’s request for expungement.

Lynne Torgerson wins expungement of domestic assault out of Eden Prairie, Hennepin County, State of Minnesota

Expungement Attorney Lynne Torgerson won another petition to expunge a domestic assault conviction.  Her client was convicted of domestic assault in 1999.  It was out of the City of Eden Prairie, County of Hennepin, State of Minnesota.  Since that time, her client had remained married, solidified his career, and had no new convictions.  He also needed an expungement for significant employment revenue.  Congratulations to Ms. Torgerson and her client!

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of domestic assault/disorderly conduct case in Ramsey County, Minnesota

Lynne Torgerson wins expungement of domestic assault and disorderly conduct case out of Ramsey County, State of Minnesota.  Originally, the case was charged out as a domestic assault.  During the initial criminal case, the charge was amended to a disorderly conduct.  Ms. Torgerson represented the client on the petition for expungement of the disorderly conduct conviction.  The Court, Judge Guthmann presiding, granted same.  Congratulations to Ms. Torgerson and her client!

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of domestic assault, disorderly conduct and trespassing charges

Ms. Torgerson’s client, in his younger years, was charged with domestic assault, disorderly conduct, and trespassing, out of the City of New Hope, County of Hennepin, State of Minnesota.  When he went to court, the domestic assault was reduced to a disorderly conduct, and the trespassing charge was dismissed.  When in jail on these charges, Ms. Torgerson’s client made a decision to never be in that situation again.  He went on to attend AA, domestic assault programming, and successfully complete probation.  He remained crime free for approximately 13 years.  His request for expungement was granted.

Minnesota Expungement Attorney Lynne Torgerson wins expungement of assault and disorderly conduct charges

Minnesota Expungement Lawyer Lynne Torgerson obtained expungement of assault and disorderly conduct charges out of the City of Bloomington, State of Minnesota.  Well done Ms. Torgerson!

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of shoplifting case

Minnesota Expungement Attorney Lynne Torgerson won expungement of a shoplifting case, charged out of the City of Brooklyn Center, County of Hennepin, State of Minnesota.  When a person is caught shoplifting, they are usually charged with misdemeanor theft.  These cases typically involve teenagers, who have done something dumb and got caught.  Notwithstanding, these cases do need to be handled properly.  This is because theft convictions can eliminate a person from obtaining all sorts of jobs, including those at banks.  Defendants should try and avoid being convicted.  And, once the case has been resolved, and a couple of years have passed with no new criminal convictions, a person should seek an expungement.  In this case, Ms. Torgerson’s client had been charged with theft for walking out of a store wearing a pair of pants for which he made no payment.  As is typical, he was arrested.  He offered to give them back.  He offered to pay for them.  His pleas were denied.  He later pleaded guilty, with a stay of imposition of sentence to be vacated and dismissed.  Successful on probation, his conviction was vacated and the charge dismissed.  Years later, he sought expungement.  He had matured, completed college, gotten married, remained law abiding.  His request for expungement was granted.  Well done Ms. Torgerson and her client!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of disorderly conduct

Expungement Lawyer Lynne Torgerson won expungement of a disorderly conduct case.  In his youthful years, Ms. Torgerson’s client was charged with disorderly conduct out of the City of New Hope, County of Hennepin, State of Minnesota.  At the time of his request for expungement, he had graduated from high school, graduated from college, served in the military, gotten married, and remained law abiding.  The court found he had established by clear and convincing evidence that an expungement would benefit him more than harm the State.  Accordingly, his request was granted.  Well done Ms. Torgerson and client!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of theft case

Expungement Lawyer Lynne Torgerson won expungement of a theft case out of the City of Eden Prairie, County of Hennepin, State of Minnesota.  Ms. Torgerson’s client, while a youth, took items from a retail clothing store.  Please note shoplifting is usually charged as a misdemeanor theft, a crime.  This offense occurred shortly after her father passed, to whom she was very close.  At court, she pleaded guilty as a petty misdemeanor.  Being an extremely high achiever, she went on to graduate from college, engage in extensive volunteer work around the globe, obtain employment with a national corporation, and remain law abiding.  Notwithstanding her exceptional accomplishments, this petty misdemeanor conviction did eliminate her from a more coveted position with a different national corporation.  Thus, she first sought expungement in 2013, before the Second Chance Law was passed.  At that time, although winning, she could only be granted a judicial expungement.  Thus, the records were still a hindrance.  Now, under the new law, Ms. Torgerson’s client was granted a full statutory expungement.  Now, finally, happily, in 2019, Ms. Torgerson’s client can now freely move on with her very bright future.  We are expecting great things from this gal!  Well done Ms. Torgerson and client.

Minnesota Expungement Attorney Lynne Torgerson obtains expungement of 3rd degree DWI out of the County of Washington

Criminal Defense Lawyer Lynne Torgerson obtained expungement of a 3rd degree, gross misdemeanor DWI out of the City of Grant, County of Washington, State of Minnesota.  The defendant’s case was from the year of 2003.  He had turned his life around and been leading a law abiding life.  The expungement was needed for employment purposes.

Well done Ms. Torgerson!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of a felony level theft case

Minneapolis Expungement Lawyer Lynne Torgerson won expungement of a felony theft case out of Stearns County, State of Minnesota.  Ms. Torgerson’s client was charged with felony theft.  Evidently, he looked like a photo of the perpetrator.  However, Ms. Torgerson’s client produced copies of a plane ticket showing he was in Jamaica at the time of the crime alleged, and, telephone records, showing he spoke with his father via telephone from Jamaica at the time of the crime alleged.  Hence, the prosecution dismissed the case against him.  Ms. Torgerson’s client needed to obtain a expungement of the records created in connection with the charged case, as they were causing him problems in Canada, with his ability to remain a resident there, and, to work in Canada.  Fortunately, the court granted Ms. Torgerson’s client’s request for expungement of these problematic records.  Well done Ms. Torgerson!

Minnesota Expungement Attorney Lynne Torgerson wins expungement of assault conviction in Goodhue County

Minnesota Expungement Lawyer Lynne Torgerson won expungement of an assault conviction out of the County of Goodhue, State of Minnesota.  Initially, Ms. Torgerson’s client was charged with gross misdemeanor 911 interference, and domestic assault.  In the intervening years, Ms. Torgerson’s client had gotten married, raised 3 children, maintained a successful 40 year career, and had become a pilot and minister.  He/she had also not incurred a criminal conviction for 14 years.  Ms. Torgerson’s client wished to obtain an expungement primarily so that he/she could regain his/her Second Amendment rights to possess firearms.  A collateral consequence of an expungement in a state court is that under federal law, the federal law prohibition on possession of firearms is supposed to be removed.  At this time, the FBI/ATF/NICS seem to be resistant to obeying the law; we shall see.  The Goodhue County Attorney’s Office did not oppose the request for expungement.  The Goodhue County District Court concluded that Ms. Torgerson’s client had established by clear and convincing evidence that his interest in expungement was commensurate to the disadvantage to the State in having the records expunged and granted the extraordinary remedy of expungement.  Well done client and Ms. Torgerson.

Minnesota Expungement Lawyer Lynne Torgerson wins expungement of loitering with intent

Expungement Lawyer Lynne Torgerson won expungement of a charge of loitering with intent to buy and/or sell narcotics, a misdemeanor, out of the City of Minneapolis, State of Minnesota.  It may be noted that loitering with intent statutes are relatively vague, and may also be subject to a challenge that they are unconstitutionally void for vagueness.  Because this charge was initially dismissed, the burden of proof in an expungement is upon the State where it has to prove by clear and convincing evidence that the petitioner’s request should not be granted.  Well done Ms. Torgerson!

Expungement Lawyer Lynne Torgerson won expungement of assault and disorderly conduct case

Minnesota Expungement Lawyer Lynne Torgerson won expungement of a misdemeanor assault and disorderly conduct case.  A fifth degree misdemeanor assault is defined as the intentional inflict of bodily harm, the attempt to inflict bodily harm, or, doing an act with intent to cause fear in another of immediate bodily harm or death.  Ms. Torgerson is based out of downtown Minneapolis, and has been practicing over 29 years throughout the State of Minnesota.  Ms. Torgerson obtained an expungement of her client’s charges of assault and disorderly conduct.  Well done Ms. Torgerson.

Lynne Torgerson Minnesota Expungement Attorney won expungement of disorderly conduct charge

Lynne Torgerson Expungement Lawyer won expungement of a misdemeanor disorderly conduct charge.  A disorderly conduct charge is a misdemeanor, and typical involves brawling or fighting (usually a bar fight), acting in a way that causes anger, alarm or resentment in other, or, disturbing a lawful meeting.  It has a maximum penalty of up to 90 days in jail and a $1000 fine.  Ms. Torgerson obtained an expungement of her client’s disorderly conduct case.  Well done Ms. Torgerson.

Records need to be expunged even where a person’s case is dismissed, continued for dismissal, or results in a not guilty

Contrary to popular belief, even a “not guilty,” outcome in a criminal case has the potential to negatively affect your future in a very significant way.  Getting accused of a criminal offense often leads to a criminal records or police reports which hinder the process of gaining employment, renting an apartment or property, and many such similar affairs.

A criminal expungement is the process of sealing (or return of the records or destruction of the records) these records from showing up in a background check or public records search, a Minnesota Bureau of Criminal Apprehension search, a private background search, and similar additional searches.  If you want to lead a normal life after a criminal court case, it is highly recommended that you have a Minnesota expungement lawyer on your side to obtain an expungement.  Expungement Lawyer 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 benefited 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 Minnesota 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 eventually achieving expungement. Ms. Torgerson often represents 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.

Expungement of Past Criminal Convictions

In criminal cases where a guilty plea was not entered during the pre-trial proceedings, there is very high probability of the individual qualifying for an expungement.  However, today, even a convicted individual has the option of applying for an expungement.  However, under the new expungements statutes, it is important that the petitioner not have 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 be 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.  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.  Now, even when a case resulted in a criminal conviction, a person may still obtain an expungement of both judicial and executive branch records.

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 government.

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 dprobation, and upon discharge from probation, their conviction was 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, arguably, 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 these 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.   Expungements petitions, properly done, are often approximately 40 to 50 pages in length.  Only through professional help and assistance can one ensure that the case is properly presented, heard completely, and the paper work is filed correctly and without any obstacles or omissions.  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  an experienced and zealous expungement attorney such as Lynne Torgerson may turn the tide in your favour.  With over twenty nine (29) 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 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.




DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.