Criminal expungement occurs when a judge is convinced to seal a criminal record so it cannot be accessed by the public. This means that anyone who performs a background check will not be able to see the sealed criminal offenses. Law enforcement, on the other hand, may be able to see them. The good news is that landlords and employers cannot see offenses that could keep you from finding a place to live or meaningful employment.
Any time a person needs to have an offense removed from their record, the judge may grant the request. The only way they will grant the request, however, is if it interferes with their ability to move on with their life. In other words, a true hardship has to exist. Unfortunately, Minnesota law makes it impossible for a Minneapolis DWI Attorney to convince a judge to expunge a DWI offense.
THE INFLUENCE OF DWIS ON BACKGROUND CHECKS
In Minnesota, an individual can search the public record to find out about your background. Employers especially do background checks to find out whether or not they want a person working for them. They look for misdemeanors, but they tend to look at felonies with more scrutiny. Although an employer may be able to overlook some misdemeanors, they may not overlook misdemeanor theft crimes and they may not overlook DWI.
Landlords also do background checks from time-to-time to see who they would be renting their property to. Landlords like as little trouble as possible and, unfortunately, very few tenants have ruined it for the masses. A person with a criminal record is not necessarily someone who is going to cause trouble, but landlords do not see it that way. To a landlord, the background check informs them of their character, their ability to pay their rent, and to make sure their property will be free of criminal activity.
ACHIEVING DWI EXPUNGEMENT WHEN POSSIBLE
DWI cannot be expunged and has been grouped with other non-expungeable crimes, such as murder and sex crimes. However, your St. Paul DWI attorney may be able to have a DWI removed if it is proven later that the charge was a bogus one. It is very possible for a bogus DWI charge to lead to conviction. When an attorney proves this fact, the DWI can be removed. While this is rare, it does happen. Faulty breath test results, rights violations, and other factors have led to convictions being overturned. If you feel that your conviction can be overturned because of faulty evidence, talk to your attorney about your options and what steps need to be taken next.
CONTACT A MINNEAPOLIS & ST. PAUL DWI LAWYER
DWIs are considered one of the crimes that cannot be expunged because of the seriousness of the criminal act. If you have been accused of a DWI and it is causing you problems with finding a job, a place to live, or going to school, you can discuss the issue with your attorney to learn about what your options are. To learn more, call the Ramsay Law Firm, PLLC at 651-604-0000 to schedule a free consultation.