How long does 5th degree assault stay on your record?

How Long Does 5th Degree Assault Stay on Your Record?

What is 5th Degree Assault?

5th degree assault is a criminal charge in Minnesota that is classified as a misdemeanor. It is considered a less severe form of assault compared to higher-degree assaults, such as 1st, 2nd, or 3rd degree assault. 5th degree assault is defined as intentionally inflicting or attempting to inflict bodily harm on another person. This can include actions such as hitting, pushing, or grabbing someone, as well as other forms of physical contact that are considered harmful or threatening.

How Long Does 5th Degree Assault Stay on Your Record?

The length of time that a 5th degree assault conviction stays on your record depends on several factors, including the state where you were convicted and the specific laws in that state. In Minnesota, a 5th degree assault conviction is considered a misdemeanor and will typically stay on your record for 10 years. This means that if you are convicted of 5th degree assault in Minnesota, it will remain on your criminal record for 10 years before it is eligible to be expunged.

Expungement

Expungement is the process of having a criminal conviction removed from your record. In Minnesota, expungement is only available for certain types of crimes, including misdemeanors like 5th degree assault. To be eligible for expungement, you must have completed your sentence and waited the required amount of time (in this case, 10 years). You will also need to demonstrate that you have been rehabilitated and are no longer a risk to society.

Factors That Affect Expungement

Several factors can affect your eligibility for expungement, including:

• The type of crime: Only certain types of crimes are eligible for expungement. Misdemeanors like 5th degree assault are typically eligible, but felonies are not.
• The severity of the crime: More severe crimes may not be eligible for expungement.
• Your criminal history: If you have a lengthy criminal history, you may not be eligible for expungement.
• Your rehabilitation: You will need to demonstrate that you have been rehabilitated and are no longer a risk to society.

How to Expunge a 5th Degree Assault Conviction

If you are eligible for expungement, you will need to follow these steps:

• Gather required documents: You will need to gather documents related to your conviction, including your court records and any relevant rehabilitation materials.
• Fill out the petition: You will need to fill out a petition for expungement and submit it to the court.
• Attend a hearing: You will need to attend a hearing with the court to argue your case for expungement.
• Wait for the court’s decision: The court will review your petition and make a decision about whether to grant your request for expungement.

Consequences of a 5th Degree Assault Conviction

A 5th degree assault conviction can have significant consequences, including:

• Criminal record: A 5th degree assault conviction will remain on your criminal record for 10 years.
• Fines and fees: You may be required to pay fines and fees related to your conviction.
• Jail time: You may be required to serve jail time as part of your sentence.
• Loss of rights: A 5th degree assault conviction can result in the loss of certain rights, such as the right to own a firearm or vote.

Conclusion

A 5th degree assault conviction can have significant consequences, including a criminal record that can stay on your record for 10 years. However, it is possible to have your conviction expunged if you meet the eligibility requirements. It is important to understand the laws and procedures surrounding expungement and to seek the advice of a qualified attorney if you are considering expunging a 5th degree assault conviction.

Table: 5th Degree Assault Conviction Consequences

Bullets: Factors That Affect Expungement

• Type of crime
• Severity of the crime
• Criminal history
• Rehabilitation