Can a DWI DUI be expunged in Minnesota?
You can get a DWI/DUI expunged in Minnesota. There are certain requirements that you need to meet prior to being eligible for that expungement. First and foremost, time needs to have passed between when you were convicted of the DWI/DUI and when you are requesting the expungement.
If you are convicted of a Misdemeanor DWI/DUI, you need to be off probation for at least 2 years, and during that 2 years before you file you cannot have any new convictions. It is similar for gross misdemeanors and felonies, but the time periods are longer. It is 4 years for a gross misdemeanor and 5 years for a felony.
If you have met those requirements, you are eligible to file for an expungement of a DWI/DUI. In order to be granted the expungement, you must show the court by clear and convincing evidence that the benefit to you is equal to or greater than the disadvantage to the public and public safety in having the record sealed.
Expungements are very technical. Not only do you have to meet certain time requirements, you also need to file and serve specific documents with multiple state agencies. This can be very confusing, and any mistake can make your request fall apart. If you are considering an expungement, call the experienced attorneys at Gerald Miller P.A. to discuss your options with a free consultation.
In depth reading: Can a DWI Conviction Be Expunged in Minnesota?
