2025 Session Last amended: 2025 session

§ 609A.015 — Automatic Expungement of Records

Plain-Language Summary

This section provides for automatic expungement of criminal records in Minnesota -- meaning no petition or court hearing is required. Automatic expungement applies when charges were dismissed, the person was acquitted, the person completed a diversion program or stay of adjudication, or the person completed probation for certain qualifying offenses. Waiting periods range from one to five years depending on the offense level.

Practical Notes
When this applies: When criminal charges were dismissed, you were found not guilty, you completed a diversion program, or you completed probation for certain offenses. Who this affects: Anyone with a qualifying criminal record in Minnesota. Key points: Automatic expungement happens without you filing a petition. For dismissed charges or acquittals, expungement is immediate. For diversions and stays of adjudication, you must wait one year with no new charges. For completed probation on qualifying offenses, waiting periods are 2 years (misdemeanor), 4 years (gross misdemeanor), or 5 years (certain felonies). The Bureau of Criminal Apprehension reviews records quarterly to identify eligible cases. You can check your eligibility at the BCA website.