Petition For Expungement

JUVENILE COURT FOURTH JUDICIAL DISTRICT - HENNEPIN COUNTY EXPUNGEMENT OF YOUR JUVENILE DELINQUENCY RECORD The records of most juvenile cases are sealed from view by the public. However, the public can view the records of offenses that would be a felony if committed by an adult where the child was at least 16 years old at the time of the offense. This packet contains forms and instructions to request that a juvenile record be sealed (expunged) from public view. Please read all instructions before filling out the paperwork. You will need to make additional copies if you are seeking to expunge more than one file. A petition for expungement is a complicated legal procedure. If you have any questions or need help, you should contact an attorney or the Fourth Judicial District Court (Hennepin County) Self Help Center, located on the 2 nd floor of the Hennepin County Government Center: Fourth Judicial District Court Self Help Center 300 South Sixth Street Public Service Level, 2 nd floor Minneapolis, MN 55487 (612)348 - 9399 The juvenile court office cannot give you legal advice. Lawyer locator resources are on the website at www.mncourts.gov/selfhelp/?page=252 . NOTE: If you were a juvenile prosecuted as an adult, you will need to file for expungement in ADULT COURT, not juvenile court. Petitions for ADULT cases must be filed separately in ADULT court. American LegalNet, Inc. www.FormsWorkFlow.com Expungement Expungement is a court order sealing your records from the public and prohibiting disclosure of their existence or their opening except under court order or statutory authority. In other words, your records will not be destroyed or returned to you, even if the judge grants your request to have your records expunged. According to Minn. Stat. 247260B.198, subd. 6, in deciding whether or not to grant your expungement petition, the Court must consider the following 8 factors: (1) the age, education, experience, and background, including mental and emotional development, of the subject of the record at the time of commission of the offense; (2) the circumst ances and nature and severity of the offense, including any aggravating or mitigating factors in the commission of the offense; (3) victim and community impact, including age and vulnerability of the victim; (4) the level of participation of the subject of the record in the planning and carrying out of the offense, including familial or peer influence in the commission of the offense; (5) the juvenile delinquency and criminal history of the subject of the record; (6) the programming history of the subject of the record, including child welfare, school and community - based, and probation interventions, and the subject's willingness to participate meaningfully in programming, probation, or both; (7) any other aggravatin g or mitigating circumstance bearing on the culpability or potential for rehabilitation of the subject of the record; and (8) the benefit that expungement would yield to the subject of the record in pursuing education, employment, housing, or other necess ities. Expungement or Sealing of a Record What Does It Mean? Once sealed, a record will not be available to the general public. However, certain people can still view the record, even after it is sealed. Law enforcement agencies, prosecution, immigration and correctional authorities, among others, may seek an order signed by a judge to re - open a sealed case for the purpose of criminal investigation, prosecution, or sentencing. Sealed records may also be opened without a court order if you apply for a job in law enforcement. Arrest Record If there is no court file (the prosecution did not file formal charges) and had a clean record for the past 10 years, a petition to the court is not necessary to expunge your arrest record. You should contact the arresting agency and/or the Minnesota Bureau of Criminal Apprehension (BCA). There is a process to expunge arrest records under Minn. Stat. 247299C.11. Visit the Self Help Center for more information. Other Considerations Juvenile Court staff, the County the Bureau of Criminal Apprehension, the Office, the Office, and the Department of Corrections cannot help you fill out these forms. If you are unable to fill out the forms, visit the Self Help Center located in the Hennepin County Government Center. American LegalNet, Inc. www.FormsWorkFlow.com If you need legal advice, you will need to speak with an attorney. You may contact the Self Help Center for information about clinics where you can get free legal advice and about any available Criminal Expungement Clinics. If like to hire an attorney to represent you, you may c ontact the Hennepin County Bar Referral Service at (612)752 - 6666. You must fill out all forms (including the petition, the Affidavit of Service, and a separate Order for each case you want expunged). Type your answers or print clearly in dark ink. If you plan to file an application to become a citizen of the United States, you should get certified copies of the following documents BEFORE you start the expungement process: o Police reports from the police department where the offense or arrest occurred; and o of from the records The U.S. Department of Immigration and Customs Enforcement will require you to provide these documents and it will be difficult to get them if the case is expunged. PROCEDURES FOR JUVENILE EXPUNGEMENTS STEP 1 COMPLETE THE PETITION AND COMPLETE A SEPARATE ORDER FOR EACH CASE YOU WANT EXPUNGED Notice of Hearing and Petition for Expungement (pages 7 - 9 of this packet) Your Petition for Expungement is your formal written request to the Court for an Order. You must fill out this document completely. The Petition must list each juvenile case that you are asking to expunge. YOU ARE REQUIRED to list all prior and pending criminal or juvenile charges in Minnesota or any other state on the petition, including any stays of adjudication, continuances for dismissal, or pretrial diversions in ANY jurisdiction. If you are unsure about your court records, please contact the Records Center at (612)348 - 5089. The Minnesota Bureau of Criminal Apprehension will provide a printed record for a fee. You may contact them at (651)642 - 0670 for more information. Proposed Order to Expunge Juvenile Records (pages 13 - 16 of this packet) After your expungement court hearing, the Court will issue a written order either granting or denying your request. This expungement packet contains a form order that you will fill out and that the judge will review prior to your hearing. The judge may or may not use your form order when issuing the order. You must American LegalNet, Inc. www.FormsWorkFlow.com complete a separate order for each case you want expunged. Request for Waiver of Filing Fee In Forma Pauperis (IFP) (separate packet) If you cannot afford to pay the $299 filing fee needed to file your expungement petition, you may request a fee waiver by filling out an In Forma Pauperis (IFP) Affidavit. You must complete your expungement petition before you can ask for a waiver of the filing fees. Once you have received the IFP Affidavit, you will need to complete it with all information requested. If your IFP is granted based on your financial information, you will not have to pay a filing fee. STEP 2 GET A COURT DATE, & FILE PAPERWORK After the paperwork has been completed , you may get a court date for your hearing. The court clerk at the juvenile court filing desk can schedule your court date. If you are unable to come in, you may call the record center to get a court date at (612)596 - 7119. A filing fee is required when filing documents (in Hennepin County Juvenile Court the fee is $ 299 ), unless you are unable to pay and have obtained an order from the court waiving the fee (see Step 1 above for how to obtain a waiver). If you are unable to file the paperwork in person, you may mail it (along with a check for $ 299 .00 payable to District Court OR completed IFP paperwork) to: Juvenile Justice Center Attn: Juvenile Court Expungement Clerk 590 Park Avenue Minneapolis, MN 55415 American LegalNet, Inc. www.FormsWorkFlow.com STEP 3 MAKE COPIES OF FORMS The petition must