Criminal Record Expungement in Minnesota
Overview
A criminal record can make it hard to get a job, housing, or loans. Expungement is the legal process of sealing your criminal record so most people cannot see it. In Minnesota, expungement is governed by Minn. Stat. § 609A.02 .
When a record is expunged, it is sealed from public view. Most employers and landlords will not be able to find it. However, law enforcement and some government agencies can still access sealed records.
Minnesota has two types of expungement:
- Statutory expungement – Available by law for certain offenses. The court must grant it if you qualify.
- Discretionary (inherent authority) expungement – The court may grant it based on your situation, even if you do not qualify for statutory expungement.
- If you qualify for statutory expungement, the court must grant it – it is not discretionary.
- After expungement, you can generally say you have not been convicted of the expunged offense on job and housing applications.
- You have the right to a fee waiver if you cannot afford the filing fee.
- The Volunteer Lawyers Network offers free expungement clinics in the Twin Cities.
- Expungement seals your record from public view – law enforcement can still see it, but most employers and landlords cannot.
- Even if you do not qualify for statutory expungement, you may still petition for discretionary expungement.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Am I Eligible?
You may be eligible for statutory expungement under Minn. Stat. § 609A.02 if:
- You were arrested but not charged
- All charges were dismissed or you were found not guilty
- You completed a diversion program or stay of adjudication
- You were convicted of a petty misdemeanor or certain qualifying offenses and enough time has passed
- You were convicted of certain controlled substance crimes (5th degree, marijuana-related)
Waiting periods depend on your offense. For some offenses, you must wait 1 to 5 years after completing your sentence, probation, or discharge.
Understanding Offense Levels
The type of offense affects your waiting period and eligibility for expungement:
Minnesota Criminal Offense Levels
Compare the severity levels of criminal offenses in Minnesota.
| Feature | Petty Misdemeanor | Misdemeanor | Gross Misdemeanor | Felony |
|---|---|---|---|---|
| Maximum Jail/Prison | None (fine only) | 90 days in jail | 1 year in jail | More than 1 year in prison |
| Maximum Fine | $300 | $1,000 | $3,000 | Varies — up to $1,000,000+ for some offenses |
| Examples | Minor traffic violations, possession of small amount of marijuana | Theft under $500, 5th degree assault, disorderly conduct | DUI (first offense), theft $500-$1,000, 5th degree drug crime | Assault with weapon, theft over $1,000, drug sales, burglary |
| Criminal Record? | No — not a crime under MN law | Yes | Yes | Yes |
| Right to Jury Trial? | No | Yes | Yes | Yes |
| Right to Public Defender? | No | Yes (if jail is possible) | Yes | Yes |
| Expungement Waiting Period | N/A | 2 years after discharge | 4 years after discharge | 5 years after discharge (eligible offenses only) |
Step-by-Step Process
Step 1: Check your criminal record
Get a copy of your criminal record from the Minnesota Bureau of Criminal Apprehension (BCA). You can request your record online at the BCA website. The fee is about $15. Review the record carefully. Make sure you know exactly which cases and charges you want to expunge.
Step 2: Determine which type of expungement applies
Review Minn. Stat. § 609A.02 and Minn. Stat. § 609A.03 to see if your case qualifies for statutory expungement. If it does not, you may still petition for discretionary expungement, but the court is not required to grant it. Consider consulting a lawyer or legal aid at this stage.
Step 3: Prepare and file your petition
File a Petition for Expungement in the district court where your case was heard. You will need:
- Your petition (court forms are available at mncourts.gov)
- A copy of your criminal record
- A proposed order for the judge
- The filing fee (currently around $310, or request a fee waiver if you cannot afford it)
You must serve copies on the prosecuting attorney, the BCA, and any other agencies that hold your records.
Step 4: Attend the hearing
The court will schedule a hearing, usually 30 to 63 days after filing. At the hearing, the judge will consider factors under Minn. Stat. § 609A.03 , including:
- How much time has passed since the offense
- Your behavior since the offense
- The seriousness of the offense
- Your reasons for wanting expungement
Be prepared to explain why expungement would help you and how you have changed.
Step 5: Receive the court's decision
If the judge grants your petition, a court order will be sent to all agencies that hold your records. Those agencies then have 60 days to seal the records. After that, your record should no longer appear on most background checks.
If the judge denies your petition, you may be able to refile after more time has passed or if your circumstances change.
Key Deadlines
- Waiting periods vary by offense: 1 year (dismissed cases, petty misdemeanors), 2 years (gross misdemeanors), up to 5 years (certain felonies). See Minn. Stat. § 609A.02 for specifics.
- Service deadline: You must serve all parties at least 30 days before the hearing.
- Agency compliance: Agencies have 60 days after the order to seal records.
Costs & Fees
| Item | Estimated Cost |
|---|---|
| BCA background check | $15 |
| Court filing fee | ~$310 |
| Fee waiver | Free (if you qualify based on income) |
| Attorney fees (if hired) | $1,000 – $3,000+ |
You can handle an expungement without a lawyer, but having one can improve your chances, especially for discretionary expungement.
Criminal Record Expungement Checklist
When to Get a Lawyer
You can file for statutory expungement on your own if you clearly qualify. However, you should consider a lawyer if:
- You are seeking discretionary expungement (the court is not required to grant it)
- Your case involves a felony conviction
- The prosecutor is opposing your petition
- You are unsure whether you are eligible
The Volunteer Lawyers Network offers free expungement clinics in the Twin Cities.
Related Guides
A plain-language guide to understanding your right to a public defender in Minnesota, including eligibility, how to apply, and what to expect. A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options.Getting a Public Defender in Minnesota
What to Do If You Missed a Court Date in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
- Law library: Visit your county law library for forms and research help.
- Minnesota Judicial Branch: Court forms and instructions at mncourts.gov.
Frequently Asked Questions
Will my record be completely erased? No. Expungement seals your record from public view. Law enforcement and some government agencies can still see it.
Can I say I was never convicted after expungement? In most situations, yes. Minnesota law allows you to say you have not been convicted of the expunged offense for most job and housing applications.
How long does the process take? From filing to decision, plan on 2 to 4 months. It may take longer if the court has a busy calendar.
Can the record be unsealed? Yes, in limited circumstances. A court can unseal records if required for a new criminal case or for certain background checks (such as for law enforcement jobs).
Do I need a lawyer? You are not required to have a lawyer, but it is strongly recommended for discretionary expungement cases.