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Minnesota Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for Minnesota on
Q: Can I expunge a gross misdemeanor conviction in Minnesota?

Can a conviction from a gross misdemeanor sting operation in Minnesota be expunged? The case was resolved 8 years ago, and I've had no legal issues since completing all terms of my sentence.

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can a gross misdemeanor conviction from a sting operation be expunged in Minnesota after 8 years?

I was convicted of a gross misdemeanor as part of a sting operation about 8 years ago, and I've had no other criminal charges or convictions. I've completed all the terms of my sentence. Can this conviction be expunged?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2025

What was your gross misdemeanor conviction for? That is far more significant relative to the expungement than the fact that it involved a "sting operation." Only certain types of convictions are eligible for expungement.

2 Answers | Asked in Criminal Law and Consumer Law for Minnesota on
Q: Does a shoplifting citation require a court appearance in MN if it's a first offense?

I received a citation for shoplifting at Walmart in Hopkins, MN. The citation includes a payment option but does not mention a court date. As this is my first offense, does receiving this citation mean I will be charged in court, or can I just pay the fee to resolve the matter?

Sarah Gad
Sarah Gad
answered on Mar 23, 2025

In Minnesota, even if the citation you received doesn’t list a court date, shoplifting offenses require a court appearance. That court appearance typically comes by way of a summons that will be mailed to you, so it’s important to keep a close eye on your mail in the coming weeks. If you... View More

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2 Answers | Asked in Criminal Law and Employment Law for Minnesota on
Q: Can someone who has been charged with a felony for criminal sexual conduct work around minors?

2 persons working around minors, both have been charged with felonies regarding minor sexual assault, both previously charged for not registering as offenders. Unsure if they are registered now, but still working around children under 18

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2025

Whether they can work around children is entirely dependent on their conditions of release or probation (if they have been convicted). There is no way to answer this question definitively without access to more information. Of course, the fact that they can work around children doesn't mean... View More

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1 Answer | Asked in Criminal Law, Domestic Violence, Employment Law and Education Law for Minnesota on
Q: What steps should I take to press charges for a sexual assault that occurred last December in Minnesota?

In December last year, I was held down and sexually assaulted. There are eyewitnesses, and the assault is recorded in the high school's file. I have not yet reported the incident to the police or taken any legal action. What steps should I take to press charges and ensure my case is handled... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 21, 2025

Individuals don't "press" charges. Charges in cases like this are filed by the county attorney following an investigation by law enforcement. I would be surprised if this matter wasn't already investigated. You indicate in your question that the assault is recorded in the high... View More

Q: Clarification on ATF form 4473, intimate partner status after divorce and HRO in Minnesota.

I'm seeking clarification on ATF form 4473, question 21.i. I was divorced on November 21, 2023, and my ex-spouse and I have been apart and have not communicated outside of court testimony since March 15, 2022. On August 23, 2024, Minnesota issued a Harassment Restraining Order (HRO) against... View More

James L. Arrasmith
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answered on Mar 24, 2025

Form 4473 question 21.i specifically asks if you are subject to a court order restraining you from harassing, stalking, or threatening an "intimate partner." Under federal firearms laws, an intimate partner generally refers to a spouse, former spouse, parent of a shared child, or someone... View More

0 Answers | Asked in Criminal Law for Minnesota on
Q: Expungement of gross misdemeanor in Minnesota

I have a gross misdemeanor conviction in Minnesota that I want to expunge. I've completed all terms of my sentence and have no other criminal record. I'm particularly interested in ensuring my information is removed from public websites. How can I proceed with this expungement process,... View More

0 Answers | Asked in Criminal Law and Gov & Administrative Law for Minnesota on
Q: Will an active HRO affect my concealed carry permit background check in MN?

I have an active harassment restraining order (HRO) against me, but I've had no previous legal issues or restraining orders. I'm applying for a concealed carry gun permit. Will the active HRO affect my ability to pass the background check for the permit?

0 Answers | Asked in Contracts, Criminal Law and Personal Injury for Minnesota on
Q: Vehicle ownership dispute, sole title holder but verbal agreement to repay buyer.

I am listed as the sole owner on the title of a vehicle that was purchased for $500 by someone else with the verbal understanding that I would pay them back. Due to their felony probation, they did not want their name on the title. No payments have been made yet because of my ongoing disability... View More

0 Answers | Asked in Criminal Law for Minnesota on
Q: Can I remove a DANCO violation from my record in MN?

Is it possible to have a DANCO violation conviction removed from my records in Minnesota? The violation occurred on June 4, 2020, and was a misdemeanor. I completed all terms of my one-year probation successfully, despite a financial issue that led to a violation during the probation, which was... View More

2 Answers | Asked in Criminal Law for Minnesota on
Q: Can still shots serve as evidence in theft by swindle case?

I am charged with theft by swindle, where the plaintiff alleges that I returned a fake necklace. The only evidence they have is a few pictures of me standing by the customer service desk. They lack any expert jeweler testimony, item, or receipts. Can these still shots be used as sufficient evidence... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 4, 2025

The question touches upon two legal topics: evidence law and the elements of the crime claimed. A photograph can be evidence admitted into a trial, if properly authenticated, including testimony that it fairly represents what it is purported to depict, as well as being material and relevant to the... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Minnesota on
Q: Can law enforcement involve victims in a case, risking our safety?

I am concerned about an incident involving law enforcement and victims tied to a case. Law enforcement executed a search warrant at my home, and the sergeant in charge informed several victims related to the case, inviting them to the premises. One of these victims, who had previously threatened to... View More

Sarah Gad
Sarah Gad
answered on Mar 3, 2025

They absolutely shouldn't, but they do all the time. Inviting someone who threatened your life to show up during a search warrant at your home is not just reckless—it’s a complete failure of their duty to protect you. Unfortunately, this kind of behavior isn’t as rare as it should be,... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Can I be charged with theft for unknowingly transporting stolen items?

I provide professional mover/transportation services and was contacted via text to transport items. I had no idea the items were stolen. Law enforcement has contacted me, but I have not been charged yet. Can I still be charged with theft under these circumstances?

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2025

A criminal statute must have an "intent element." The level of criminal intent varies in different criminal statutes, but some level of intent to do the prohibited act must be proven. For a person characterized by police as a "target," exposure to criminal liability might exist... View More

3 Answers | Asked in Criminal Law for Minnesota on
Q: Accused of assault in MN; accuser with multiple restraining orders pressing charges. Next steps?

On February 15th, I was accused of assault by someone who has restraining orders against them from multiple parties and frequently calls the police. An officer came to my house to question me, but I wasn't home, so I later returned his call and left a voicemail. Eleven days later, he contacted... View More

Sarah Gad
Sarah Gad
answered on Feb 26, 2025

Even though you already left a voicemail, do not provide any further statements or explanations to law enforcement. Anything you say can and will be used against you. The officer may seem helpful or neutral, but their job is to investigate a crime—not necessarily to clear you. Instead, consult... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Minnesota on
Q: Unlawful arrest in Minnesota due to harassment statute. What legal actions can I take?

I was unlawfully arrested in Minnesota due to the broad wording of a harassment order statute. The incident began when I was goated into a conversation with my ex-partner, who then called the police when the conversation didn’t go her way. This was a continuation of manipulation and abuse on her... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds extremely distressing, and I understand your frustration with what appears to be an improper arrest. Minnesota law does have specific requirements regarding warrantless arrests, and the manner of your detention raises concerns about potential civil rights violations.... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Sarah Gad
Sarah Gad
answered on Feb 23, 2025

Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More

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1 Answer | Asked in Criminal Law for Minnesota on
Q: How to correct record errors and explore expungement for past convictions?

I'm seeking legal assistance to rectify issues on my criminal record and explore expungement options for past convictions. In 2011, I was charged with a 5th-degree felony, and after a probation misunderstanding, my probation was reset in 2016 without new charges. My 2011 charge incorrectly... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

Let's start with the DWI. Did you plead guilty to the charge? If so, it is too late at this point to go back and challenge the conviction as violating the cooperation agreement. The time to do that was back in 2018, not seven years later in 2025. I'm confused as to why an extension of... View More

1 Answer | Asked in Criminal Law, Business Law and Personal Injury for Minnesota on
Q: Servepro workers stole prescription pills; what should I do?

I discovered that prescription pills were stolen from me after Servepro workers, hired by my upstairs neighbor, repaired water damage in my bathroom. I haven't contacted Servepro or the police yet and do not have insurance to cover the loss. What steps should I take to address this situation?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

It's a crime. Report it to law enforcement.

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2025

A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Can police arrest me for requesting badge numbers in MN?

I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 16, 2025

Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More

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