Can I get a 5th degree felony possession of marijuana expunged off my record? 2 Answers as of June 16, 2011

I am almost done with probation but I haven't been able to get a job anywhere. I found 1 temp service I was using but cant get any permanent positions. I have a family now as I am getting married soon and I have to get steady, permanent employment.

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Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
Expungement is a sore spot for many people who have been through the court process, as the outcome may follow them for years or forever if the record is not expunged. Similarly, as a criminal defense attorney practicing for over 21 years, I see many cases where expungement could dramatically improve an individual's life, although the law may not allow expungement in this case. While there has been progress made toward proposing new laws which would expand expungement eligibility, these laws were passed by the state legislature but vetoed by then-Governor Tim Pawlenty. Existing Minnesota law allows expungement under certain circumstances. The eligibility for expungement and the type of expungement allowed depends on the nature of the sentence on the criminal case. If a case is resolved in the person's favor, the likelihood of expungement is enhanced. If there was a plea and sentence, the expungement decision is at the discretion of the court. Therefore, an experienced criminal defense attorney would need to review the record of conviction or other outcome from the original case in order to determine which steps to take toward expungement.
Answer Applies to: Minnesota
Replied: 6/16/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Jacob T. Erickson
You can file for an expungement. However, the executive branch does not have to clear your record, even if the Court grants you an expungement under its inherent authority. You are only able to get a full expungement if you are never convicted of the crime.
Answer Applies to: Minnesota
Replied: 6/15/2011
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