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It depends on what you were convicted of. If you weren’t convicted, if you got a dismissal or a not guilty verdict you can remove to expunge it right away. If you were put in some type of diversion program you can get your case expunged a year after you’re discharged from probation. If you were convicted of a misdemeanor, you can discharge it two years after probation, a gross misdemeanor four years, and a felony five years. Only certain felonies apply and you’ll have to look under the new statute that passed in January of 2015 to determine whether your case is eligible.
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Minnesota criminal lawyer, Ryan Garry, lays out the timetable for expungement for various levels of offense. He points out that eligibility for expungement depends on the nature of the offense and its outcome. If an individual was not convicted—for example, if the case was dismissed or resulted in a not guilty verdict—expungement may be sought immediately. For those who completed a diversion program, expungement becomes available one year after discharge from probation. A misdemeanor conviction may be expunged two years after probation, a gross misdemeanor after four years, and certain felonies after five years. He emphasizes that only specific felonies qualify, and eligibility must be reviewed under the statute enacted in January 2015.
