Can I Expunge a Domestic Assault Case? A Minnesota Expungement Attorney Explains

Minnesota expanded opportunities for automatic expungement in 2023, but those changes do not apply to every type of offense. Domestic assault is one of the offenses that is not eligible for automatic expungement. Some people wrongly believe that a misdemeanor expungement cannot be expunged just because it is not included in the automatic expungement law. But that is not true. It can be challenging, but with the right strategy and arguments you can get an expungement through filing a petition and arguing in court that you deserve an expungement.

Expungement Eligibility for Domestic Assault

If you were convicted of misdemeanor or gross misdemeanor domestic assault, you may qualify for expungement once you meet the statutory requirements. Generally, you must:

• Successfully complete probation
• Remain crime-free during the waiting period
• File your petition after the waiting period expires

The typical waiting periods are:

• 2 years after discharge from probation for a misdemeanor
• 3 years after discharge from probation for a gross misdemeanor

If your case involved a felony conviction or a stay of imposition on a felony-level charge, eligibility becomes more complex. In those situations, it is especially important to consult with an experienced expungement attorney to review your specific options under Minnesota law. I’ve heard some attorneys say things are impossible, when in actuality, there were alternative means to get there. It’s why it’s important to speak with not any old lawyer, but somebody who knows expungement law.

When Expungement May Not Be the Best Strategy

A good expungement attorney will begin by asking an important question:
What is your goal in clearing your record?

That matters because expungement does not destroy a record — it seals it from most public access. For some people, especially those hoping to restore firearm rights or address certain other collateral consequences, expungement may not provide the relief they need.

An expungement order does not restore gun rights. If restoring rights is your objective, pursuing a pardon or another form of relief may be more effective. Clarifying your goals upfront allows your attorney to develop the right legal strategy for your situation. Our firm is knowledgeable and experienced in not only expungements, but pardon and gun rights restoration petitions at well.

Contact an Experienced Minnesota Expungement Attorney

If you are seeking to expunge or pardon a domestic assault conviction, you need an attorney who is deeply familiar with Minnesota expungement and pardon law. Many lawyers offer expungement services, but only a smaller number regularly practice in this area and understand the nuances that can make the difference in your case. I’ve seen multiple people get led astray by bad advice and then they have to start over because the lawyer they consulted did not understand the expungement laws fully enough to help the client. By contrast, Subzero Expungements, Pardons & Appeals is a law firm that focuses particularly on expungements. This is what we do. Contact Peter Lindstrom at Subzero Expungements, Pardons & Appeals today. 651-248-5142.