Category: Criminal Law
Old Criminal Records Can Be "Off The Record"
December 19, 2009 | Jon P. EricksonOld Criminal Records Can Be “Off the Record” By Jon P. Erickson If you or someone you know has an old criminal record, you should be aware that lost civil rights can be restored by pursuing either a “Pardon Extraordinaires” or an “expungement” of the arrest record. When you consult an attorney about clearing up old criminal records, the first step in the process is identifying what occurred in the past. If you have an old criminal conviction, then the law allows for “Pardon Extraordinaires”. If you were arrested but the charges were dismissed or you were found “not guilty”, then you might be able to pursue an “expungement” of your arrest record. Of course, having an attorney involved at the time of your arrest, even if it is just a traffic misdemeanor, may help set up a situation that might result in making an expungement or pardon easier to get. Individuals seeking to clear past criminal records have a variety of reasons. Some want to restore their right to possess a firearm, such as a shotgun for hunting. Others want to have fingerprints and booking photos sealed to prevent future embarrassment. Lastly, having the Board of Pardons restore an individual’s “good name” may help in preventing problems in searching employment or housing….
Read MoreMore On Clearing Up Old Criminal Records
December 19, 2009 | Jon P. EricksonMore On Clearing Up Old Criminal Records By Jon P. Erickson The article “Old Criminal Records Can Be ‘Off the Record’”, generated some additional issues which we’d like to address. The article discussed the legal process known as “expungement” in which information in old criminal records resulting from an arrest process can be sealed or returned. In addition to the situations discussed in that article which might be appropriate for expungement, there are several others that might also be appropriate. Some controlled substance convictions are appropriate for expungement, depending upon how the case was handled. Many first-time offenders who were charged with and convicted of a controlled substance crime may be eligible for expungement under the Minnesota law. Also, any individual who is convicted of a felony offense prior to reaching age 21 might also qualify for an expungement under a different Minnesota statute. This particular law provides that an individual who was convicted of a felony offense before reaching age 21 is eligible for an expungement for most felony offense convictions, assuming that five years have passed since the sentence for that offense was served and/or the defendant was discharged from probation. In addition, the individual could not have been convicted of any other new felony or gross misdemeanor offenses during the…
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