Know Your Rights: Criminal Record Expungement in Minnesota

A criminal record can make it hard to find a job, rent an apartment, or get a loan. In Minnesota, you may be able to seal your record through expungement. Here is what you need to know.

Your Rights

1. If you qualify, expungement is mandatory. For statutory expungement under Minn. Stat. § 609A.02 , the court must seal your record if you meet the requirements. It is not up to the judge’s discretion.

2. You may qualify even with a conviction. Minnesota allows expungement for certain petty misdemeanors, misdemeanors, gross misdemeanors, and some felonies – as long as enough time has passed and you have completed your sentence.

3. Cases that were dismissed or resulted in acquittal can be sealed. If you were arrested but never charged, had charges dismissed, or were found not guilty, you have a strong right to expungement.

4. After expungement, you can legally say you have no record. On most job applications and housing applications, you can answer “no” when asked if you have been convicted of the expunged offense.

5. You can get a filing fee waiver. If you cannot afford the filing fee, you can ask the court to waive it by filing an In Forma Pauperis (IFP) application.

6. Free legal help is available. The Volunteer Lawyers Network runs free expungement clinics in the Twin Cities. Legal aid organizations across Minnesota can also help.

7. Even if you do not qualify for statutory expungement, you can still ask. Courts have “inherent authority” to grant discretionary expungement based on your circumstances – your rehabilitation, the time that has passed, and the impact on your life.

8. Employers have limits on asking about your record. Minnesota’s Ban the Box law ( Minn. Stat. § 364.021 ) prohibits most employers from asking about criminal history on job applications.

Waiting Periods

Offense Level	Waiting Period After Discharge
Petty misdemeanor	2 years
Misdemeanor	2 years
Gross misdemeanor	4 years
Felony (qualifying)	5 years
Not charged / dismissed / acquitted	No waiting period

What to Do

• Get your criminal record. Request your Bureau of Criminal Apprehension (BCA) record to see exactly what is on file. You need this before filing.
• Check if you qualify. Review the waiting periods and eligible offenses under Minn. Stat. § 609A.02 .
• Attend a free expungement clinic. The Volunteer Lawyers Network and other legal aid organizations offer free clinics where lawyers help you fill out the paperwork.
• Serve all agencies. You must serve your expungement petition on every agency that has your record (courts, prosecutors, law enforcement, BCA). Give them at least 30 days before your hearing.
• Prepare for your hearing. Bring evidence of your rehabilitation: employment records, letters of support, community involvement, treatment completion.

Get Help

• Volunteer Lawyers Network Expungement Clinic: Free legal help with expungement petitions – vlnmn.org
• BCA Criminal History Request: Get your record at bca.dps.mn.gov

For more detail: See our full guide:

Criminal Record Expungement in Minnesota

Learn how to seal or expunge a criminal record in Minnesota. Plain-language guide covering eligibility, the step-by-step process, costs, and where to get help.