Expungement
A court process to seal or destroy criminal records so they are no longer visible to the public.
Expungement is the legal process of sealing a criminal record so that it does not show up on background checks and is not accessible to the general public. In Minnesota, expungement does not destroy the record entirely – certain government agencies may still be able to access it – but it removes it from public view.
Minnesota law allows expungement in several situations, including cases that were dismissed, where charges were not filed, where the person was found not guilty, or for certain qualifying offenses after a waiting period. The court considers factors like the seriousness of the offense, the person’s criminal history, and the impact on public safety.
Why it matters: A criminal record can make it difficult to find employment, housing, or educational opportunities. Expungement can remove that barrier by sealing the record from public view. However, not all records are eligible for expungement, and the process requires filing a petition with the court.
Example: Five years after completing probation for a gross misdemeanor, a person petitions the court for expungement. The court considers their clean record since the conviction and grants the petition, sealing the record from public background checks.
After a criminal case is resolved, when seeking to clear or seal a criminal record