Can I expunge records of underage drinking offenses in Minnesota?
Full Question:
Answer:
The state of Minnesota has enacted a “Not a Drop” law that says driving minors who are cited for any amount of alcohol use will lose their license from 30 to 180 days, and face up to a $700 fine and 90 days in jail. Minors will lose their license until age 18 if they are arrested for DWI or involved in an impaired driving crash or crime. Trying to purchase alcohol with a fake ID can result in a loss of driving privileges for at least 90 days.
Minnesota statute 169A.33 UNDERAGE DRINKING AND DRIVING.
Subdivision 1.Definition.As used in this section, "motor vehicle" does not include motorboats in operation or off-road recreational vehicles.
Subd. 2.Crime described.It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.
Subd. 3.Criminal penalty.A person who violates subdivision 2 is guilty of a misdemeanor.
Subd. 4.Administrative penalty.When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.
Subd. 5.Exception.If the person's conduct violates section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.
Subd. 6.Jurisdiction.An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.
History: 2000 c 478 art 1 s 18
Only certain criminal offenses may be expunged in Minnesota.
Statute 609A.02 GROUNDS FOR ORDER.
Subdivision 1.Certain controlled substance offenses.Upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance, the person may petition under section 609A.03 for the sealing of all records relating to the arrest, indictment or information, trial, and dismissal and discharge.
Subd. 2.Juveniles prosecuted as adults.A petition for the sealing of a conviction record may be filed under section 609A.03 by a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification to district court under section 260B.125, if the person:
(1) is finally discharged by the commissioner; or
(2) has been placed on probation by the court under section 609.135 and has been discharged from probation after satisfactory fulfillment of it.
Subd. 3.Certain criminal proceedings not resulting in conviction.A petition may be filed under section 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if all pending actions or proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner.
Subd. 4.Expungement prohibited.Records of a conviction of an offense for which registration is required under section 243.166 may not be expunged.
History: 1996 c 408 art 9 s 8; 1999 c 139 art 4 s 2; 2001 c 209 s 1; 2005 c 136 art 12 s 10
