Clearing Your Record After a 3rd-Degree Controlled Substance Conviction in Minnesota
Being charged with a 3rd-degree controlled substance offense in Minnesota can be a life-altering ordeal, laden with potential fines, probation, and the specter of a tarnished criminal record. The consequences of such charges may cast a shadow over one's future employment prospects and personal life. Fortunately, for individuals who have completed their sentences and seek a fresh start, expungement presents a viable legal avenue for redemption. And there may even be other avenues to clear up your record. In this article, we will delve into the possibility of expunging a 3rd-degree controlled substance case in Minnesota.
Understanding Expungement in Minnesota
Expungement is a legal process that allows individuals to shield their criminal records from public scrutiny, effectively wiping the slate clean. In Minnesota, expungement can provide a second chance for those who have fulfilled their sentences and are committed to leading law-abiding lives. However, it's important to bear in mind that not all criminal records are eligible for expungement, and the process can be intricate.
Eligibility for Expungement
Before 2023, the outlook for individuals convicted of 3rd-degree controlled substance felonies was bleak. They were straight up not eligible for expungement. The landscape shifted dramatically with the advent of the 2023 Clean Slate Act.
Under this legislation, if your felony 3rd degree controlled substance conviction was reduced to a misdemeanor via a stay of imposition, you now qualify to petition for expungement, provided you meet other requirements. One critical requirement is the waiting period. For those convicted through a stay of imposition, the waiting period to petition for expungement is five years after probation discharge. Although it's a challenging process, Jack Rice Defense can maximize your chances of success.
The Expungement Process
If you meet the eligibility criteria, the expungement process generally entails the following steps:
1. Petition:
You must file a petition for expungement in the appropriate court, including all pertinent details about your case, reasons for seeking expungement, and supporting documentation.
2. Notice to Interested Parties:
The court will notify relevant parties, such as law enforcement agencies, prosecutors, and the public defender's office. These parties have the opportunity to contest the expungement.
3. Court Review:
The court will carefully evaluate all arguments and evidence presented, ultimately making a decision regarding expungement. The judge will weigh your need for expungement against potential harm to public safety or the public's right to access criminal records.
4. Granting of Expungement:
If the court grants your expungement, your criminal record will be sealed from public view, and in most situations, you can legally state that you have not been convicted of the expunged offense.
What if Your Offense Remains a Felony?
Regrettably, if your 3rd degree controlled substance conviction has not been reduced to a misdemeanor and still stands as a felony, expungement is not an option. However, there is another avenue through the power of pardons that could potentially help you clear your record. This process is more demanding than expungement and involves presenting your case before the Governor of Minnesota, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court. Recent changes in the law have eased the requirements for pardons, making it a more accessible route. To explore this option, contact Jack Rice Defense to assess your eligibility.
Conclusion
Expunging a 3rd-degree controlled substance case in Minnesota is a possibility, but it is not a guarantee. It hinges on meeting specific eligibility criteria and successfully navigating a complex legal process. If you find yourself in this situation, it is imperative to seek counsel from a skilled attorney who can expertly guide you through the process and advocate on your behalf. Expungement represents a valuable tool for those committed to rebuilding their lives after a 3rd-degree controlled substance conviction in Minnesota.
contact Jack Rice Defense for a consultation. 651-447-7650 or 612-227.1339. When your life is on the line, Jack Rice Defense.
Peter Lindstrom, Of Counsel
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense. He brings both intelligence and creativity to crafting defenses and figuring out different strategies to advance the interests of the clients of Jack Rice Defense. Peter is also the creator of FalselyAccused.com, a website devoted to reverse engineering wrongful convictions from the past to provide insights for those falsely accused today.
