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Does the judge has a power to expunge a DWI in Minnesota ?
Anonymous5 views4 answers
Is it possible to expunge a Misdemeanor DWI in Minnesota, which occurred 5 years ago and you plead guilty to it.
It is the first and the only offense !
The decision whether or not to expunge a criminal conviction is up to the judge. Recent amendments to the law with respect to granting them has changed making it easier but it is still something you should speak with an attorney about to find out what your chances might be.
amuel John EdmundsDUI / DWI AttorneyMendota Heights, MN ·
Yes, judges have the power. This expanded authority is brand new under the new expungement law that took effect in 2015. On the other hand, there is a 10 year look back period for future offenses, so some judges might be hesitant to expunge a DWI before that 10 year mark.
Yes, it is possible to expunge a Misdemeanor DWI which is 5 years old. But it can be a very difficult process. Many Judges are hesitant to expunge DWIs, especially within the 10 year enhancement period.
Prior reply is misleading and should be discounted. Hypothetically yes there is a such a possibility. Such a decision would involve a balancing of the individual persons' private wishes & desires vs. public safety considerations. MN's criminal expungement law was overhauled beginning on 1-1-15. To-date I have taken four continuing legal education courses which touched on the new laws. Much is written on the subject to which you allude. Generally, I urge you to choose a reputable attorney who has years of professional experience & ongoing training & education. Urge: Be wary of 'free advice'. Best to you!
Tricia Dwyer Esq