If your case is not eligible for one of the statutory grounds for an expungement, you are left with seeking an inherent authority expungement. The primary difference is that an inherent authority expungement does not seal the records held by other government agencies – such as the BCA – and is limited to just sealing the district court records. The result is that your criminal record may still show up during background checks.
There is still some benefit in getting an inherent authority expungement. First, you have still demonstrated to the court that you need and deserve the expungement. Having an expungement order can be used by you to help mitigate the negative impact of the criminal record. Second, you can request the BCA to make a notation in its records that the criminal record was expunged by the district court. The BCA could decline to do this, but it is worth trying. If successful, the record will not be sealed, but at least it will accurately reflect that you succeeded in getting an expungement. Again, this may help mitigate the negative impact of the criminal record.
If you have questions about the grounds for an expungement and whether or not you qualify for one, contact North Star Criminal Defense now to get a consultation.
The information provided within this site is offered for informational purposes only. It is not legal advice with regard to any specific facts or situation. Reading this site, or contacting North Star Criminal Defense through this site, does not establish an attorney-client relationship.