For thousands of Minnesotans, the process of expungement provided an opportunity to clear their criminal record and start fresh. On January 1st, 2015, the new expungement law in Minnesota made Minnesota expungements available to many individuals who were previously ineligible. However, a specific clause in the old statute – making crimes related to domestic assault ineligible for expungement – was included in the new law as well. Domestic Assault related crimes include: domestic abuse, sexual assault, violating an order for protection (OFP) or a restraining order, stalking, and violations of a domestic abuse no contact order (DANCO).
But, alas, there is hope…
The piece of the expungement law that prohibits expunging misdemeanor and gross misdemeanor convictions for domestic assault-related convictions is set to expire on July 15, 2015. Fortunately, it appears the legislature has opted not to renew the prohibition against expunging domestic assault related convictions. In fact, the deadline for introducing new legislation has come and gone. Therefore, unless it is included in an omnibus bill, as of July 16, 2015, Minnesota courts will have statutory authority to expunge misdemeanor and gross misdemeanor convictions for: domestic abuse, sexual assault, stalking, violations of orders for protection, violations of harassment restraining orders, and violations of domestic abuse no contact orders.
This doesn’t mean that you will automatically have your criminal record expunged just because you file a petition. Minnesota prosecutors will, no doubt, oppose expunging domestic assault related convictions in the interest of public safety.
How To Get A Domestic Assault Conviction Expunged
Minnesota’s changing expungement law may offer you a second chance. Unfortunately, the Minnesota expungement process can be confusing and difficult to navigate. The first step is speaking with Minnesota expungement attorney to find out if you are eligible. The Law Office of Brockton D. Hunter has extensive experience with Minnesota’s new expungement law and can help guide you through the expungement process.