Minnesota Drug Crime Expungements
Prosecution of drug crimes has become a high priority at both the state and federal level. The consequences of a drug crime conviction can be a permanent mark against your personal and professional reputation. Regardless of the type of drug or conviction, you will require an experienced Minnesota expungement attornney to develop your case. North Star Criminal Defense understands the serious nature of a drug conviction, and we will give you the aggressive representation that you need to improve your future.
Many employers will not even consider hiring someone with a drug crime conviction of any level. If you have a Minnesota drug crime conviction on your record and are looking to get that expunged, you may have that option under the new Minnesota expungement law. Depending on what degree of drug crime in Minnesota you have been convicted of will determine the ease and time frame between your conviction and when it can possibly be expunged. No matter the degree of the conviction, hiring an attorney to assist you in petitioning the court to attain a drug crime expungement is the smartest move towards a successful expungement as we know how to word your petition in the most appealing form possible.
Types of Drug Crime Expungements
Not all types of drug crimes can be expunged. The drug crimes that are eligible include petty drug crimes, 4th degree drug possession, and 5th degree drug possession if it their first drug offense. A person may only seek an expungement for 4th or 5th degree drug possession cases drug charges in which they received a statutory stay of adjudication. This is pursuant to Minnesota Statute 609A.02.
In this situation, a stay of adjudication means the drug charge is dismissed upon the successful completion of probation. When this occurs, the person is eligible for an expungement and, if granted, the Court may order that the person be returned to the position they held prior to the arrest – meaning they wouldn’t have to admit to this having ever occurred. This is the ultimate expungement result.
What if you were convicted of a separate crime, say a DWI? Recently, the Court of Appeals clarified this issue when it held that the expungement court can essentially split the two crimes. The court is permitted to grant a full expungement of the drug charge, while leaving in place the other conviction – even though they are in the same criminal case. A recent Hennepin County order further confirmed this holding when it permitted a petitioner to seek an expungement of the drug charge, but couldn’t touch the other conviction in the case.
If you have completed a statutory stay of adjudication for a drug charge, you are eligible for an expungement, regardless of whether or not you were also convicted of another crime at the same time. Given how much drug records can impact persons when seeking employment or housing, it is highly recommended that you should seek an expungement of this record, even if the other conviction cannot be expunged. Getting the drug charge off your record is a meaningful remedy.
Convictions for petty possession crimes are much simpler since they are typically charged as petty misdemeanors or misdemeanors. In this case, the usual two year waiting period is used.
To see just how successful our approach is, here are some representative drug crime expungement case results:
State v. L.J.
Crime Expunged: Felony Drug Possession
Notes: Criminal record out of Washington County. James got an expungement granted from the bench. Client obtained a statutory stay of adjudication – pursuant to Minn. Stat. 152.18 – of a felony drug possession charge. The client was an RN that obtained drugs from her place of employment. Due to the thorough petition and arguments at the hearing, the judge made the rare decision to grant the expungement from the bench.
State v. D.M.
Crime Expunged: Drug Paraphernalia – Possession
Notes: A crime committed in Goodhue County. James was able to expunge 1 misdemeanor and 3 petty misdemeanor convictions via prosecutor agreement. Matters involved possession of drug paraphernalia.
North Star Criminal Defense – Proven Drug Crime Expungement Attorneys
The Minnesota drug crime attorneys at North Star Criminal Defense have over 30 combined years of successfully defending and expunging drug charges of all degrees and throughout multiple jurisdictions. We know the law, the arguments, and the strategy necessary in order to obtain a successful expungement. Contact the experienced and successful Minnesota expungement attorney that knows the law and how to best pursue an expungement of drug charges.