In 1987 when I was just 21 years old I had an Implied Consent put on my recored which shows up on the State of MN Access court r

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records website. Case Type: Implied Consent Date Filed: 04/23/1987 Location: - Hennepin Civil It's now 25 years later is there any way to have this expunged or removed? My case was changed to a Careless Driving and at the time was told this would be on my record for 10 years. Either the law changed or It wasn't clearly explained to me what would happen going forward. Do I have any opportunity to have this Implied Consent Expunged as I'd rather not have this so readily available for public viewing and I've moved on with my life in a respectable way with no further violations..... Thank you!

Attorney Answers

4
Michael Walters ·
Chances of getting it expunged from the court's public access website are pretty good. Chances of getting it expunged from the department of public safety's driver/vehicle services office are slim to nil. This is an unusual situation. If an implied consent is showing up on the court's website (and that is the place you are concerned about), then an expungement of a civil court record under the court's inherent authority to regulate its own files might be a good option for you. A private consult with an attorney may be in order to discuss details.
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Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
Over the years, the length of time an "implied consent - violation" would stay on the Minnesota drivers license has been repeatedly extended, until now - they stay on forever. It's possible that when you had it first put on your drivers license record, that the sunset period was ten years. Court records are generally forever, unless a subsequent court order were to seal them. But even if the court record were sealed (after your expungement motion), the drivers license record would likely remain.
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Maury Devereau BeaulierCriminal Defense AttorneyMinneapolis, MN ·
I am afraid not. It is a civil record and not a criminal matter. As a result, it does not fall under the expungement statute. Any Implied Consent hearing must be sought by filing a Petition for Judicial Review within thirty days of receiving the license revocation notice.
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Tricia Dwyer ·
Hello. I concur that I have heard of anyone in recent years having this sort of civil record removed. You could hire an attorney to do some study of law and investigative work on your behalf. If finances are an issue, a few attorneys, myself included, will provide a reduced fee for need.
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