Minneapolis Expungement Attorney Explains the Advantages and Pitfalls of getting an Expungement through the Help Seal My Record program

In the last several years, there have been changes to both Minnesota law and the policy of some prosecution agencies that have created more avenues to achieve expungement. As a Minneapolis expungement attorney who regularly receives calls for people wanting to expunge Minneapolis convictions, I frequently receive calls asking about applying for expungement through the Help Seal My Record program. It’s important to know what the program is and what your options are if it doesn’t work.

The Help Seal My Record Program is Limited by Which Agency Prosecuted You

In 2020, The Minnesota Attorney General’s Office started a program of prosecutor initiated expungement through Help Seal My Record. If you apply through the program and qualify, the prosecutor’s office will petition for expungement without the need for you to pay any fees. This sounds great, doesn’t it? The problem is that it’s much more limited than what many people realize. There are 87 counties in Minnesota, but there are only four counties who have any prosecution offices who participate (Hennepin, Ramsey, Washington, and Blue Earth). And even within those counties, it’s only a very narrow subset of people who are actually eligible to apply. The Hennepin County Attorney’s Office participates in the program, but if you were prosecuted by a different agency such as the Minneapolis City Attorney’s Office, they do not participate. So, you will be denied just by virtue of being prosecuted by a different agency. Which obviously, you had no control over. One would think that anybody who has a conviction that stemmed from the city of Minneapolis would be equally eligible to obtain free expungement. But that’s not the case.

The Help Seal My Record Program is Limited by Other Policies

And even if you were prosecuted by the right agency, sometimes you are denied the prosecution led expungement based purely on their internal policies. I’ve talked with people who thought they couldn’t get expungement because their Help Seal My Record application was denied, but when I look at their record, they are eligible for statutory expungement. Just because the program tells you they won’t expunge your record, doesn’t mean you can’t clear your record. You may need to petition a judge yourself because the prosecutor won’t do it. But you won’t necessarily be told that through the Help Seal My Record process. From people I’ve talked to on the phone who have gone through the process, I’ve heard complains about clarity in the process and what a denial actually means. That’s why it’s important to talk to an expungement attorney to explore your options if you are denied by the prosecution led Help Seal My Record program.

Conclusion

The Help Seal My Record portal has advantages in offering the opportunity for free expungement for certain cases. But there is a lot of red tape that may prevent you from getting an expungement based on what prosecution agency prosecuted you and other internal office policies. Contacting a skilled Minneapolis expungement lawyer who can explore different ways to clear your record is highly advised because of some of the pitfalls of the Help Seal My Record Program. Subzero Expungements, Pardons & Appeals is a law firm with a focus on clearing criminal records in Minnesota and Wisconsin. We are unique compared to other criminal defense law firms who only dabble in record clearing. Contact Subzero for a free consultation today. 651-248-5142