Chicago, IL asked in Criminal Law and Gov & Administrative Law for Minnesota

Q: Can a criminal investigation not resulting in charges be removed from public record through a process somehow?

In Minnesota, Criminal Investigations are available to the public after they are inactive, no longer being investigated whether charges were filed or not. The case investigated where I was the suspect was because of my therapist illegally reporting a potential crime where he broke confidentiality laws as my specific potential offense did not fall underneath mandatory reporting laws in my state. I was wondering based off these facts if it could be removed from access to the public? From what I have read online this would not be a case in which I can apply for expungement as it is not on my criminal record, it is just available to the public. I could not find any legal action that may be applied to a situation like mine or process to per se follow. If you know of anything I may be able to do that would be great. Thank you for your response

1 Lawyer Answer
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: An attorney can certainly assist you with this endeavor. Some attorneys offer reason rates. Some do not.

If you were arrested but were never charged with a crime, OR if the case was dismissed before a criminal complaint was filed against you, you may be able to request that the "identifying parts" of the arrest records (except DNA samples that were collected) be destroyed and that your arrest record be sealed at the law enforcement agency. Read MN Statutes § 299C.11, which is the law that applies to arrest records.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.