Criminal & Expungement Forms

The Minnesota Judicial Branch provides forms for certain criminal court matters, most notably expungement (sealing of criminal records). In most criminal cases, forms are prepared and filed by prosecutors and defense attorneys. The forms below are the ones most commonly used by individuals handling matters on their own.

Expungement (Sealing Criminal Records)

Expungement is the process of sealing your criminal record so it does not appear in most background checks. Minnesota has two types of expungement, each with different eligibility requirements and effects.

Statutory Expungement ( Minn. Stat. Chapter 609A )

Download forms from mncourts.gov

Statutory expungement seals records held by all agencies – courts, law enforcement, prosecution, and corrections. This is the strongest form of expungement and is available for:

• Dismissed or acquitted charges: No waiting period required
• Completed diversion or continuance for dismissal: No waiting period after successful completion
• Certain controlled substance offenses: No waiting period after successful completion of specific drug programs
• Petty misdemeanors and misdemeanors: 2-year waiting period after discharge of sentence
• Gross misdemeanors: 4-year waiting period after discharge of sentence
• Qualifying felonies: 5-year waiting period after discharge of sentence

Not all offenses are eligible for statutory expungement. Certain serious offenses (including most sex offenses and offenses requiring registration) are not eligible.

Inherent Authority Expungement

Download forms from mncourts.gov

For cases that do not qualify for statutory expungement, courts may use their “inherent authority” to seal court records only. This does not seal records held by law enforcement, prosecution, or other agencies. Inherent authority expungement may be available in additional situations, but the court will balance the benefit to you against the public’s interest in access to the records.

Waiting Periods for Statutory Expungement

“Discharge of sentence” means the date you completed all requirements of your sentence, including jail time, probation, fines, restitution, community service, and any other conditions.

What You Need to File for Expungement

1. Petition for Expungement – the main form describing your criminal history and grounds for expungement
2. Affidavit in Support of Expungement – a sworn statement providing additional facts supporting your petition
3. Proposed Order – a draft court order for the judge to sign if the petition is granted
4. Background check or criminal history report – obtained from the Minnesota Bureau of Criminal Apprehension (BCA)
5. Proof of service – proof that you served copies on all required parties (county attorney, law enforcement agencies, etc.)

Factors the Court Considers

When deciding whether to grant expungement, the court considers ( Minn. Stat. § 609A.03 ):

1. The nature and severity of the underlying offense
2. The risk you pose to individuals or society
3. Your efforts at rehabilitation
4. The time elapsed since the offense and discharge of sentence
5. The reasons for the expungement (employment, housing, education)
6. The effect of expungement on public safety
7. Any input from victims
8. Additional factors the court deems relevant

Public Defender Application

Affidavit of Indigency / Public Defender Application

Download from mncourts.gov

If you cannot afford an attorney for a criminal case, you have the right to a court-appointed public defender. This form establishes your financial eligibility.

Who qualifies:

• People whose income falls at or below 125% of the federal poverty guidelines
• People receiving public assistance (MFIP, SSI, GA)
• People who are incarcerated
• Others who demonstrate financial inability to hire an attorney

A co-pay may be required depending on your income level.

Firearm Rights Restoration

Petition for Restoration of Firearm Rights

Download from mncourts.gov

Certain criminal convictions result in loss of firearm rights under both Minnesota and federal law. After the required waiting period, you may petition the court to restore your right to possess firearms.

Probation-Related Forms

Request for Early Discharge from Probation

Download from mncourts.gov

If you have been on probation and have been fully compliant with all conditions, you may be able to petition the court for early discharge. Factors the court considers include:

• How much of the probation term you have completed
• Your compliance with all conditions
• Whether you have paid all fines and restitution
• The nature of the underlying offense
• Input from your probation officer and the prosecuting attorney

Traffic / Payable Offenses

Contested Hearing Request

If you received a traffic citation or other payable offense and want to contest it, you can request a hearing. Contact the court listed on your citation or visit the Minnesota Judicial Branch - Traffic/Violations Bureau.

Tips for Handling Criminal Court Matters

1. Get an attorney for criminal charges. The consequences of a criminal conviction – including jail time, fines, a permanent record, and loss of rights – are serious. Use your right to a public defender if you cannot afford a private attorney.
2. Do not wait to apply for a public defender. Apply as soon as possible after being charged.
3. Keep all court paperwork. Save copies of every document you receive, including citations, complaints, orders, and correspondence.
4. Attend every court date. Failure to appear can result in a bench warrant for your arrest and additional charges.
5. For expungement, be thorough. Gather all necessary documents before filing. An incomplete petition may be denied or delayed.
6. Understand the difference between statutory and inherent authority expungement. Statutory expungement seals all records; inherent authority seals only court records.

Additional Resources

• Minnesota Judicial Branch - Expungement Forms
• Minnesota Judicial Branch - Expungement Help Topic
• Minnesota Board of Public Defense – 612-349-2565
• Minnesota Bureau of Criminal Apprehension - Criminal History

Criminal Record Expungement in Minnesota