Winona, MN Criminal Defense Attorney J.P. Plachecki discusses the 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.