Minnesota > Statewide > District Court > Criminal Expungement
Affidavit Of Service - Criminal Expungement EXP-104 - Minnesota
| Affidavit Of Service - Criminal Expungement Form. This is a Minnesota form and can be used in Criminal Expungement District Court Statewide . |
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INSTRUCTIONS How to Serve Criminal Expungement Papers & Complete the "Affidavit of Service" Form Did you complete the forms called "Notice of Hearing and Petition for Criminal Expungement" and the proposed "Order Concerning Sealing of Records" (Conviction or No Conviction)? Did you write your hearing date, time and location on the Petition? Is your signature notarized on the last page of the Petition? Did you attach any additional pages you might have needed for some paragraphs in the Petition? If you answered "yes" to all of these questions, you are ready to serve your Petition and proposed Order. Who must be served with copies of your expungement papers. The law at MN Stat. ยง 609A.03 requires you to notify ALL state and local government offices that might have a record of the offense you want to expunge. You do this by having a copy of your expungement papers served on each of those offices. Most people need to serve at least 6 offices. The Affidavit of Service form already lists addresses for 3 state government offices. YOU must get addresses for the 3 (or more) local government offices related to your case, including: County Attorney's Office County Department of Community Corrections (called Probation in some counties) County Sheriff's Office City Police Department (where the offense took place, unless there is no city police department) City Attorney / Prosecutor's Office (arresting police department can tell you who prosecutes their cases). IMPORTANT! Get legal advice about serving OTHER agencies such as the MN Dept. of Human Services (regulates employment in health care, education, day care, foster care, etc.) or licensing agencies (for teaching, nursing, real estate, etc.) Depending on your situation, serving those agencies may or may not be in your best interest. Fill out your part of the Affidavit of Service form. Get a separate Affidavit of Service form for each case you want to expunge. Example: If you want to expunge 3 different cases, you must prepare a separate Affidavit of Service form for each case, for a total of 3 service forms. YOU must fill in the blanks for the government office addresses on the Affidavit of Service form. Write the County name and the City name where the offense happened (or where you were arrested), and write the address for each local government office related to that case. If you decide to serve the MN Dept. of Human Services and/or Dept. of Health, check the box next to their address listed on the form. If you are serving other agencies, write their names and addresses in the extra spaces on the form and check those boxes. Using the same court information from your criminal case, YOU must fill in the blanks at the top of the Affidavit of Service form with the County, Judicial District and Court File Number. STOP! Your server fills out the other blanks on the form. See the section below called "How your ,,server must complete the Affidavit of Service form." Get copies of your expungement papers ready to be served. Your expungement papers can be served by mail, but YOU cannot be the one who puts the envelopes in a mailbox. Ask a friend or relative who is over age 18 and has a valid photo I.D. to be your "server." Copies of the Affidavit of Service do not have to be mailed to the government offices. STEP 1 Make copies of your completed Petition and proposed Order. Make one copy of your completed Petition (and any attachments) and proposed Order for each government office, and make one copy for yourself. Copies can be double-sided to save on cost. Example: If you are serving 8 offices checked in your Affidavit of Service, you need to make 9 copies of your papers (1 for each office + 1 for you). EXP104 State ENG Rev 2/11 www.mncourts.gov/forms Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Do not count your ORIGINALS as a "copy" in the total. Keep the ORIGINAL Petition and proposed Order to file with the court as soon as possible after service of your papers is complete. STEP 2 Address an envelope for each government office checked on your Affidavit of Service form. If you want to expunge only one case, a set of copies should fit into a regular business-size envelope. You need larger envelopes to hold expungement papers for two or more cases. Most people need at least 6 envelopes, or more if they serve a City Attorney and regulatory/licensing agencies. You should write your return address on the envelopes. NOTE: If you want to expunge more than one case in the same County, you can put copies for each case into the same envelope addressed to a government office. Example: If you are asking to expunge 5 cases, you can put a set of copies for each case into one large envelope addressed to the BCA; then do the same for the other government offices. STOP! If any of the 5 offenses happened in different cities within the County, be sure to serve the correct copy of expungement papers on the correct local government offices (police & prosecutor) where each offense happened. STEP 3 Add enough postage to each envelope to send by 1st class U.S. Mail. The amount of postage you need depends on the number pages in each envelope. It's a good idea to weigh your envelopes at a Post Office, and buy the correct postage. You do not need to use "certified" or "return receipt" mail. STOP! Do not let a Post Office employee put the envelopes in the mailbox! STEP 4 Ask a friend or family member to be your "server." YOU cannot be the one who puts the envelopes in a mailbox. Ask someone over age 18 who has a valid photo I.D. to be your server. Show your expungement documents to your server and then put them in stamped envelopes. Give the envelopes to your server along with the Affidavit of Service form. The server puts your envelopes in a U.S. mailbox and must follow the instructions below to complete the Affidavit of Service form. STEP 5 After mailing, your server must complete the Affidavit of Service form. When the form is completed and notarized, your server gives it back to you to file with the court. How your "server" must complete the Affidavit of Service form. AFTER your server places your envelopes in a U.S. mailbox, he or she must fill out the blanks on the Affidavit of Service form as follows: write in the name of the County where the Affidavit is signed (can be different from where case is filed); write their name in the blank for the person who mailed the envelopes; write the date they mailed the envelopes. This date must be at least 63 days
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