Juvenile Expungement Attorneys
Juvenile records can be expunged just as adult criminal records can. And this expungement would seal records held by the various government agencies, including the BCA. Still, sealing a juvenile record is a different process, burden of proof, and analysis compared to the standard expungement.
The applicable statute is Minn. Stat. § 260B.198, subd. 6. When sealing a juvenile record, the petitioner always carries the burden of proof. The petitioner must prove that the benefit from an expungement of the juvenile record outweighs the detriment to the public and public safety in sealing the record and the burden on the court and public agencies or jurisdictions in issuing, enforcing, and monitoring the order.
The court looks to the following 8-factors when making its decision
- The age, education, experience, and background, including mental and emotional development of the petitioner at the time of the commission of the offense;
- The circumstances and nature and severity of the offense, including any aggravating or mitigating factors in the commission of the offense;
- Victim and community impact, including age and vulnerability of any victim;
- The level of participation of the petitioner in the planning and carrying out of the offense, including familial or peer influence in the commission of the offense;
- The juvenile delinquency and criminal history of the petitioner;
- The programming history of the petitioner, including child welfare, school and community-based, and probation interventions, and the petitioner’s willingness to participate meaningfully in programming, probation, or both;
- Any other aggravating or mitigating circumstance bearing on the culpability or potential for rehabilitation of the petitioner; and
- The benefit that the expungement would yield to the petitioner in pursuing education, employment, housing, or other necessities.
Notice, these eight factors are uniquely different than the factors listed for an adult expungement. The overriding considerations seem to focus on the age, mental capacity of the petitioner, and where the petitioner has gone since the offense.
Unlike the expungement law for adults, there is no limitation on the offense level or kind of offenses that can be expunged. And there is not a waiting period before a petitioner may seek an expungement.
While much of the process is similar to an adult expungement, the analysis is completely different. And just as it is important to build and improve a case for an adult expungement, the same holds true for an expungement of juvenile records. It is critical to demonstrate to the court why you deserve and need the expungement. An experienced Minnesota expungements attorney can help you do exactly that. Contact North Star Criminal Defense now to get started.