Expungement Laws in Review
January 3, 2014 | Jon P. EricksonThere is currently a state of Minnesota House/Senate “working group” that is meeting periodically to try come up with modifications to the existing laws on expungement (sealing of criminal records) in Minnesota. The hope is that they can draft changes to the current law to allow expungements for more criminal matters including juvenile cases. The Minnesota Association of Criminal Defense Lawyers (MACDL) is assisting this “working group” of legislatures along with the Minnesota Council on Crime in Justice in drafting this potential legislation. I am a member of the MACDL legislative subcommittee and will be assisting in this endeavor. I will periodically be blogging on the status of this legislation in the upcoming session of the MN legislature so look for my blogs. I also encourage you to follow this legislature in the news as it progresses through the session. We here at BGS are set up to assist anyone who wants to pursue an expungement of their criminal record, please contact us with inquiries regarding this legal issue.
Read MoreDo I Have to Tell My Employer I’ve Been Charged with a Crime?
January 2, 2014 | Adriel B. VillarrealYou are not under any legal obligation to go out of your way to tell your employer about your arrest. However, your arrest and court appearances could cause you to miss work, which could lead to problems on the job. An arrest is not a conviction, so it may be in your best interests to come clean with your employer about what’s going on. You may also need or want to apply for a leave of absence to give yourself the time that you need to defend yourself. [maxbutton id=”1″ url=”https://bgs.com/contact-us/?july” text=”Get Legal Assistance” ] Arrests are matters of public record, and your boss may find out that you’ve been arrested anyway. Hearing it from you may help you hang on to your job. If you are convicted then you are still not required to go out of your way to let your employer know. For example, if you plead guilty to a misdemeanor and are sentenced to a fine you do not have to disclose that you now have a criminal record. Legally, you can’t be fired from a position or discriminated against in a hiring decision simply because you have a criminal record. You can only be fired if the position relates to the crime in some way. A receptionist can’t…
Read MoreWhat is a Pre-Trial Diversion Program in Minnesota?
December 30, 2013 | Adriel B. VillarrealHennepin County and Anoka County will sometimes offer a “pre-trial diversion program” to offenders who meet certain requirements. These diversions can take a number of different forms. For example, defendants could be asked to attend counseling or treatment programs. They may be asked to write apology letters or essays. Or they may be asked to do community service. Usually these programs are offered to non-violent, first-time offenders who are being accused of a very specific list of crimes. They are considered to be quite successful at preventing repeat offenses. If you meet the requirements for a pre-trial diversion program your charges will be dropped as soon as you complete the program. This is one way to avoid a criminal record, jail time, and other consequences that come along with being convicted of a crime. You need to speak to a qualified attorney to see if you or the charges you are facing make you eligible for one of these programs. You need to do this before making a plea, since making any plea, including “not guilty,” can render you ineligible for a pre-trial diversion. If you are ineligible for a pre-trial diversion then your attorney can advise you on your next best course of action. It is very important to consult an attorney…
Read More