Do You Need an Attorney to Get Your Record Expunged in Minnesota? An Expungement Lawyer Weighs In

Every week I talk with numerous people who are eligible to expunge their criminal records — and a frequent question is:

“Can I just do this myself, or do I need to hire a lawyer?”

It’s an understandable question. The forms, deadlines, and court procedures can look intimidating, and lawyers cost money. But before you decide to go it alone, let’s look at what research actually tells us about how often people succeed with and without legal help.

📊 What the Research Found: Attorney vs. Self-Help

A Department of Justice study, conducted through the National Institute of Justice and a randomized controlled trial, compared two groups of people who were eligible to have their records expunged:

Those with full-scope legal representation — meaning a lawyer handled the petition and court process for them.
Those without representation — offered only self-help guidance.

Here’s what they found:

🧠 Success Rates Tell a Powerful Story

✔ With an Attorney:
👉 70% of people represented by a lawyer were able to achieve record clearing within about six to seven months.
And among those represented, about 9 out of 10 eventually cleared their records completely.

✖ Without an Attorney:
👉 Only about 13% of people in the self-help group succeeded in clearing their records.

That’s not a small difference — it’s more than five times the success rate.

🤔 So What Does This Mean in Real Terms?

If you’re eligible for expungement, you certainly can try to navigate the process on your own. But the statistics tell us something important:

✔ Without an attorney, your odds of success are fairly low — only about 1 in 8.
✔ With an attorney, your odds improve dramatically — closer to 7 out of 10, or even higher.

The difference isn’t just numbers. It reflects what actually goes on behind the scenes:

Correctly interpreting eligibility rules
Preparing persuasive legal arguments
Avoiding procedural mistakes that lead to denial
Handling objections from prosecutors or courts

These challenges trip up many people who try to do the process themselves.

🧩 Why the Gap Is So Big

There are a few reasons for the stark contrast in outcomes:

🪜 Expungement Isn’t Just “Filling Out a Form”

Each jurisdiction has its own laws, timelines, and requirements. Some courts want detailed explanations of why relief is appropriate. A lawyer knows how to frame your case in a way judges understand and respect.

📄 Small Mistakes Can Cost You

Missing a deadline or submitting the wrong document can mean the court never even considers your eligibility. Judges love denying petitions based on technicalities. I’ve been in courtrooms where I’ve seen multiple pro se petitioners have their expungement petitions denied purely on not serving the right parties. When an attorney files for you, they help make sure everything is done properly.

🏛 Some Judges Expect Legal Advocacy

In many areas, judges and prosecutors are accustomed to seeing expungement petitions from attorneys. That doesn’t mean you must have one, but it can be the difference between persuading the judge or having your argument fall on deaf ears.

🧡 Considerations Before You Decide

Hiring a lawyer is an investment, but it’s also an investment in your future. Clearing your record can open doors to:

Better job opportunities
Improved housing prospects
Expanded educational access
A greater sense of personal freedom

For many people, that payoff is worth the legal help.

🏁 Final Takeaway

You can try to expunge your record without an attorney — but the odds of success without one are low (about 13%). In contrast, people with legal representation experience successful outcomes at much higher rates (about 70% or more).

If you’re serious about clearing your record and getting a real second chance, contact Subzero Expungements, Pardons & Appeals. This is what we do. A law firm that most does DWI defense may not be the best lawyer because I’ve found many lawyer to not the nuances of expungement law unless they are practicing in the field regularly. Contact Subzero today and we can get started as soon as possible. 651-248-5142