If you’re living in Minnesota and have a felony conviction on your record, you probably want to know how long it’ll stay there. After all, a criminal record can profoundly impact your future, making it harder to secure a job, apply for loans, or find housing. Well, there’s good and bad news.
The bad news is that a felony will stay on your record forever unless you do something about it. The good news is that Minnesota law allows for expungement of certain criminal records, including some felony convictions. But the process can be complicated and time-consuming, and not all convictions are eligible for expungement.
If you’re feeling the effects of a felony record, here’s everything you need to know about how long a felony conviction stays on your record and what you can do about it.
Will a Felony Conviction Ever Go Away?
A felony conviction will never completely go away in Minnesota. It will always remain on your record, which can be accessed by potential employers, landlords, and others. However, there are certain steps you can take to minimize the impact of a felony conviction.
You can petition to have your record expunged, which means that certain information will be sealed from public view. Additionally, you can work with a criminal defense attorney to explore options for having your conviction overturned. While a felony conviction can have long-lasting consequences, it is possible to move forward and rebuild your life.
Types of Expungement in Minnesota
You have two options for expungement in Minnesota: partial expungement and full expungement.
Partial Expungement
This type of expungement involves seeking the court’s authority to seal the records related to your case. The scope of a partial expungement is limited to the court records. While the judge has control over these records, other government agencies may still retain and disclose information about your case. This means that your criminal records might remain accessible to the public through these agencies.
However, a partial expungement can still provide significant benefits. By sealing the court records, it helps protect your privacy and restricts access to the details of your case from the general public.
Full Expungement
If your case meets specific requirements, you may be eligible for a full expungement in Minnesota. Referred to as “statutory expungement,” this type of expungement enables the court to seal not only the court records but also any criminal records held by other government agencies.
Under statutory expungement, the state regulations provide the legal framework for sealing both the court and other agency records. By obtaining a full expungement, you can enjoy greater peace of mind, as your entire criminal history related to the specific case will no longer be accessible to the public.
Am I Eligible to Have My Felony Expunged?
Whether you’re eligible to expunge a felony in Minnesota depends on several factors, including the type of expungement you’re seeking, the type of crime you were convicted for, and how much time has passed since the final ruling, conviction, or completion of probation.
Generally, if the court rules in your favor, you are entitled to a full expungement. However, if the court did not rule in your favor and you were convicted of or received a stayed sentence for certain felony offenses (outlined in Minnesota Statutes 609A.02), you may be eligible for partial expungement.
Additionally, you must wait five years (with no additional criminal convictions) before petitioning for expungement.
Are There Any Felony Convictions That Can Not Be Expunged?
Yes, certain convictions can not be expunged through the partial or full expungement process. Some of these include:
- Murder
- Sex crimes
- Kidnapping
- Crimes against children, and
- Domestic violence-related crimes
How Does the Expungement Process Work?
To begin the process of record sealing, you’ll need to file a petition with the court where your case was heard. It’s important to note that this process can be complicated and time-consuming. By successfully completing the expungement process, you can improve your chances of finding employment, obtaining housing, and enjoying other benefits that may have been previously unavailable due to your criminal record.