Criminal expungement is the act of having a judge seal a criminal record so that the general public does not see it or have access to it. This means that although the sealed state court record exists, nobody will be able to view the criminal offense in question—including landlords and prospective employers. Law enforcement and immigration agencies, however, may be able to see these records.
In certain instances, a judge may grant the request of having an offense removed after it has been on the record for a reasonable amount of time, particularly if the offense hinders with the individual’s ability to find a place to live or obtain a job. Every case, however, is evaluated on an individual basis.
Unfortunately, getting a DWI off your record is a different story. State legislature has strictly limited the amount of power courts have to expunge criminal records, and there is no option to have a DWI conviction expunged in Minnesota at present. This is because according to state law, severe crimes such as assault, murder, sex crimes, and DWI can never be expunged.
Minnesota Courts view DWI offenses very seriously. Statute only allows the expungement or removal of a DWI from your record when the determination has been in your favor. It must first be proven that your charges were incorrect, and therefore are ultimately dismissed. Should this be the case, you may have all court or administrative records erased. Although expunging a conviction is possible, it is not a common occurrence. Reasons for the potential dismissal of DWI charges include faulty breath test results and other factors.
Having a criminal conviction such as a DWI will follow you around, long after the actual incident has occurred. Those with a record of a DWI offense may have difficulty finding places to rent, finding a job, or even applying for student loans. Many individuals who have recovered from their alcohol problems and who have remained sober still find themselves paying for their crime when someone runs a background check on them years later.
Given the strict state laws on DWIs, it is crucial that you pursue every possible means to prevent a DWI conviction from occurring in the first place. If you are arrested, consult with an experienced DWI lawyer and immediately challenge license revocation.
Upon receipt of the notice of license revocation, an individual only has 30 days to file a challenge to the revocation and its inevitable permanent entry on the driving record.