Entitled to seek 609A expungement, but no guarantee it will be granted
December 17, 2010
Even if a person is entitled to seek an expungement of criminal records under Minnesota Statute 609A, there is no guarantee that the expungement will be granted. For example, 609A.03 subdivision 5 provides agencies subject to a proposed expungement order the chance to object to a statutory expungement. The court then must use guidelines laid out in the statute if there is an objection to see if an expungement must be granted. The important thing to remember is that although a remedy is available under 609A, it does not mean it will be granted. This is another reason why having an attorney help seek an expungement can be very helpful.