Expungement Attorney in Winona, Minnesota
Expungement Process
Expungement Process
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That’s a good question with a recent law that was passed. It used to be that you had two type of expungements a statutory as a matter of right and the other catchall where the court in its discretion could expunge a record if after balancing the factors, the harm to the person with the record was outweighed by the society’s right to know. Now with the recent change in law have cataloged everything where they’ve got a laundry list of cases that can automatically be expunged pursuant to the statute. And still, the judge has plenary power to expunge a case if it’s been long enough and they’ve felt that the person has done enough to rehabilitate themselves.
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Winona, MN Criminal Defense Attorney J.P. Plachecki discusses the expungement process. The recent change in law addresses an intriguing question regarding the process of expungement. Previously, there were two types of expungements: the statutory version, granted as a matter of right, and the discretionary form where the court weighed factors to determine if the person’s right to a clean record outweighed society’s need to be informed. However, the recent alteration in legislation has introduced a comprehensive approach. It now entails a defined list of cases that can be automatically expunged based on the statute. Even with this amendment, judges retain the authority to grant expungement if enough time has passed and the individual has shown sufficient efforts towards rehabilitation.
