Can I Get A Minnesota DWI Off My Record?

Derek A. Patrin

Answered by:
Derek A. Patrin

Located in Champlin, MN
Meaney & Patrin, P.A.

Derek A. Patrin - Criminal Defense: DUI/DWI - Super Lawyers

Answered by: Derek A. Patrin

Meaney & Patrin, P.A.
Champlin, MN
Phone: 612-351-6116
Fax: 763-753-6952

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Once you are convicted of a DWI or plead guilty to a DWI in Minnesota, you will not be able to get that conviction removed or expunged from your criminal record. The Minnesota Legislature has severely limited the power of the courts to expunge any criminal records in Minnesota, and there is no power to expunge a DWI license revocation or conviction from your driving record either. This is why you need to pursue every avenue and opportunity to try to prevent the DWI conviction in the first place AND challenge the license revocation immediately after you are arrested.

In Minnesota, a person only has 30 days from the date of receiving the notice of license revocation to file a challenge to the revocation and its permanent entry on the driving record. The challenge must be filed in civil court with a filing fee of approximately $325.00 (this varies slightly in some counties), and copies of the Petition must be filed with the Minnesota Attorney General's Office. If any step is completed improperly, or if the Petition is filed beyond the 30-day deadline, it will be thrown out without the ability to make any legal challenges at all to the license revocation.

As for the criminal case, appropriate motions must be filed prior to certain points in the case to preserve key constitutional and procedural arguments, and those motions will be heard in front of a judge prior to trial. Typical pretrial motion arguments include challenging the basis for the traffic stop or seizure, the determination of probable cause to arrest for DWI, the vindication of right to counsel prior to testing, and the testing procedure followed by the officer and lab. These pretrial issues are the key to keeping a DWI off your criminal record and driving record, even if you feel you are guilty of the offense.

The court will not penalize you for exercising your right to make these challenges, especially when the judges know how limited their power is to expunge your record after the fact. Act now to give yourself every opportunity to keep this incident from remaining on your permanent criminal and driving records.

Meaney & Patrin, The DWI Guys

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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