Are harassment restraining order violations (HRO’s) automatically expunged in Minnesota?
In 2023, Minnesota passed the Clean Slate Act. This brought about sweeping changes in Minnesota’s expungement law. Many misdemeanor and gross misdemeanor offenses can become automatically expunged if it is a qualified offenses and the amount of time period has passed without a new offense. Prior to 2023, one needed to petition for expungement no matter how long ago the offense was. But Clean Slate Act was enacted to make it easier for people to clear their record. Expungement can be a difficult process that involves filing the right papers, serving the right people, and arguing the best arguments to the judge. Automatic expungement removes the barriers that stand in the way of some people getting expungement.
However, the automatic expungement law does not extend to all offenses. Unfortunately, a harassment restraining order violation (sometimes called a HRO violation) is not a qualifying offense for automatic expungement. Minnesota created 10 exceptions for misdemeanor offenses that are not eligible for automatic expungement. Minn. Stat. § 609A.015. HRO violations are not one of them. However, this does not mean that you are stuck. It may not be automatically expunged, but you can still petition the court for an expungement of your misdemeanor HRO violation.
If you want to expunge your criminal records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650