Can Adjudication Criminal Vehicular Operation Be Expunged?
Getting an adjudication for criminal vehicular operation can severely impact your future. Many Minnesotans want to know: Can adjudication for criminal vehicular operation be expunged?
Yes, adjudication for criminal vehicular operation can be expunged in Minnesota, but eligibility depends on how the case was resolved and the time that has passed since disposition.
As experienced Minneapolis defense attorneys at Gerald Miller, P.A., we’ve helped countless clients understand their expungement rights and secure a second chance.
What Is Adjudication for Criminal Vehicular Operation?
Adjudication refers to a formal judgment or decision by a court. When someone is adjudicated guilty of criminal vehicular operation (CVO) in Minnesota, it typically means they’ve been convicted or received a stayed sentence involving serious driving misconduct—such as causing injury or death while under the influence or driving recklessly.
Criminal vehicular operation is a felony under Minnesota Statute §169A.20 to §6109.211, and includes:
- Causing bodily harm while driving under the influence
- Fleeing the scene of an accident that caused injury or death
- Driving in a grossly negligent manner
Key terms:
- Conviction: A court’s formal finding of guilt
- Stay of adjudication: The court withholds conviction if the defendant meets certain conditions
- Expungement: A court-ordered sealing of criminal records from public view
Why Expungement Matters to Minnesota Drivers
Having a criminal vehicular operation conviction on your record can:
- Limit employment opportunities
- Restrict housing options
- Impact professional licenses
- Damage your reputation
If you’ve turned your life around, expungement offers a path to clear your record and regain access to opportunities that would otherwise be closed.
Common scenarios where Minnesotans seek expungement include:
- DUI-related vehicular operation convictions
- Deferred adjudications successfully completed
- Cases where charges were dismissed after compliance
Long-Term Impact of Criminal Vehicular Operation on Your Record
A criminal vehicular operation adjudication—especially if it results in a felony conviction—can have lifelong consequences even after probation or prison time is served. Understanding these impacts underscores why expungement is critical.
Key long-term effects include:
- Ineligibility for federal student loans in some cases
- Loss of firearm rights for felony-level offenses
- Higher auto insurance rates or denied coverage
- Travel restrictions to countries with strict entry rules (e.g., Canada)
Even if your record is sealed through expungement, certain licensing boards and government agencies may still see the charge during background checks. This is why it’s important to pair expungement with legal guidance to mitigate disclosure issues during employment or licensing applications.
Pro tip: Employers in Minnesota cannot ask about expunged records under the “ban-the-box” law, but federal employers and licensed healthcare or education agencies might still access sealed information.
How to Expunge a Criminal Vehicular Operation Adjudication in Minnesota
1. Determine Eligibility
Check if your case qualifies under Minnesota Statute §617.522. Generally, you may be eligible if:
- The case was resolved without a conviction
- You completed probation and paid restitution
- The required waiting period has passed (ranging from 1–5 years)
2. Obtain Your Criminal Record
Request your BCA (Bureau of Criminal Apprehension) report and court documents to confirm details of the adjudication.
3. Prepare and File a Petition
Complete the Expungement Petition Form and file it with the appropriate Minnesota district court. Include:
- Court file number
- Dates of arrest and adjudication
- Details on your rehabilitation
4. Serve Required Parties
Serve your petition to:
- Prosecuting attorney
- Law enforcement agencies
- Minnesota BCA and other relevant agencies
5. Attend the Expungement Hearing
Present your case before a judge, showing why expungement is justified. Highlight your rehabilitation, current employment, and community involvement.
6. Receive the Court’s Decision
If granted, it may take up to 60 days before the record is officially sealed.
Expungement Options and Alternatives in Minnesota
Minnesota law provides multiple paths based on how your case was resolved:
- Full expungement (court and executive agencies)
- Partial expungement (judicial records only)
Pros of Expungement:
- Seals record from public view
- Restores job and housing opportunities
Cons:
- Does not erase record from FBI databases
- Government agencies may still access it
Alternatives:
- Pardon extraordinary (rare and requires governor’s approval)
- Judicial recommendation for early expungement
Minnesota-Specific Laws and Considerations
Under Minnesota Statutes §617.522, expungement is allowed in specific cases:
- Misdemeanors and some gross misdemeanors after 2–4 years
- Felonies eligible only if specifically listed (CVO may not be listed, but if stayed or dismissed, may still qualify)
- Juvenile adjudications have more lenient rules
Important considerations:
- CVO causing death is rarely eligible
- Stay of imposition or stay of adjudication may allow earlier expungement
Consult a lawyer to evaluate if your specific case qualifies.
Expungement Options and Alternatives in Minnesota
Minnesota law provides multiple paths based on how your case was resolved:
| Option | Description | Pros | Cons |
|---|---|---|---|
| Full Expungement | Seals both court and executive agency records | Most comprehensive | More difficult to obtain |
| Partial Expungement | Seals only judicial records | Easier to qualify for | Agencies may still see record |
| Pardon Extraordinary | Granted by Board of Pardons and Governor | Erases conviction completely | Rare and lengthy process |
| Judicial Recommendation | Court supports early expungement eligibility | May support later petition | Doesn’t seal record by itself |
Pros of Expungement:
- Seals record from public view
- Restores job and housing opportunities
Cons:
- Does not erase record from FBI databases
- Government agencies may still access it
Long-Term Impact of Criminal Vehicular Operation on Your Record
A criminal vehicular operation adjudication—especially if it results in a felony conviction—can have lifelong consequences even after probation or prison time is served. Understanding these impacts underscores why expungement is critical.
Key long-term effects include:
- Ineligibility for federal student loans in some cases
- Loss of firearm rights for felony-level offenses
- Higher auto insurance rates or denied coverage
- Travel restrictions to countries with strict entry rules (e.g., Canada)
Even if your record is sealed through expungement, certain licensing boards and government agencies may still see the charge during background checks. This is why it’s important to pair expungement with legal guidance to mitigate disclosure issues during employment or licensing applications.
Pro tip: Employers in Minnesota cannot ask about expunged records under the “ban-the-box” law, but federal employers and licensed healthcare or education agencies might still access sealed information.
Take the First Step Toward Clearing Your Record
If a criminal vehicular operation charge is affecting your future, you don’t have to face it alone. At Gerald Miller, P.A., we’ve helped thousands of Minnesotans move forward through successful expungements.
Schedule your free consultation today to discuss your case and explore your options. Don’t let your past limit your future—call us now at 612-341-9080.
Further Reading:
- How Much Does a Criminal Vehicular Operation Lawyer Charge in Minnesota?
- Criminal Vehicular Operation Laws and Penalties in Minnesota
- Can a DWI Conviction Be Expunged in Minnesota?
- Benefits of New Expungement Law for People with Criminal Records
Resources
- Minnesota Statute §617.522
- Minnesota Judicial Branch Expungement Forms
- Bureau of Criminal Apprehension (BCA) Record Request
