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What is the best one could expect in this situation?

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johnturner.

Junior Member
College student, caught in a solicitation of prostitution police sting at a hotel, clean record, can't afford an attorney. County lists it as a non-divertable offense.

Assuming plea bargain w/ diversion/stay of adjudication,
1. The new MN expungement law revision allows the court to expunge arrest records too. Is it possible for full expungement to be included, or does a separate petition need to be made following completion of the sentence?

2. Would they run into any trouble with international travel even if there was no conviction/dismissal?
 


single317dad

Senior Member
According to this page:

http://www.mncourts.gov/Help-Topics/Criminal-Expungement.aspx

http://www.mncourts.gov/Help-Topics/Criminal-Expungement.aspx

When the Court Can Expunge All Public Records
In some criminal cases, the court has the authority to seal all government held records of criminal cases, which is sometimes referred to as a “full expungement.” This means that a court can issue an order to seal court records and records at the Bureau of Criminal Apprehension, police departments, corrections and other agencies.
The law in MN Statutes §609A.02 lists the specific situations when a court has the authority to seal all government held records (full expungement). The list includes:
some first time drug possession offenses resolved under certain laws;
offenses committed by juveniles who were prosecuted in adult criminal court;
cases that were resolved in your favor (i.e., you were found not guilty or the case was dismissed); and
some other convictions.
Convictions for petty misdemeanors, misdemeanors, and gross misdemeanors may be eligible for full expungement depending on:

what crime you were convicted of;
how much time has passed since your sentence was discharged; and
other cases that are on your criminal history.
https://www.revisor.mn.gov/statutes/?id=609A.02

https://www.revisor.mn.gov/statutes/?id=609A.02

Your crime was not listed in that statute as eligible for full expungement as far as I could see, though it may be buried under one of the many reference links, so check those carefully.
 

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