Criminal Expungement

A crime is an act not allowed by law.  A person convicted of a crime may be punished by imprisonment and/or a fine. Minn. Stat. § 609.02 defines a crime as follows:

• Felony - punished by imprisonment for a period of more than one year;
• Gross Misdemeanor - punished by imprisonment for a period of up to 364 days and/or a fine up to $3,000; and
• Misdemeanor - punished by imprisonment of less than 90 days and/or a fine of up to $1,000.

NOTE: A petty misdemeanor is not considered a crime under MN law. Imprisonment cannot be ordered for a petty misdemeanor, only a fine of not more than $300.

Your complete MN criminal record is a combination of all of the files and records of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor ever charged against you in MN. Your record will also include the sentences served for those charges, if any. Every city, county, and state law enforcement agency, prosecutor's office, and court keeps its own records.

Many government offices keep criminal records, including, but not limited to the following:

• Courts have records of all cases where criminal charges were brought;
• Police keep records of arrests and investigations;
• Prosecutors (city attorney, county attorney, attorney general) have records of criminal cases;
• State agencies like the MN Department of Human Services (MN DHS) and the MN Department of Children, Youth, and Families may keep records; and
• Law enforcement agencies (police, State Patrol, etc.) send records to the MN Bureau of Criminal Apprehension (BCA).

In MN, the most common places to get a copy of your criminal record are the District Court and the Bureau of Criminal Apprehension (BCA).

Under MN law, a crime includes a misdemeanor, gross misdemeanor, or felony. A petty misdemeanor is not a crime according to Minn. Stat. § 609.02, subd. 4(a), but such cases will still show on your criminal case history.

Law enforcement agencies are required to report certain details about crimes to the BCA, so you should also get the details of your criminal record on file at the BCA. The BCA criminal record may be different from your criminal court record. Visit the BCA Criminal History Records website to find out how you can search and get copies of BCA records. You can also contact the BCA at:

MN Bureau of Criminal Apprehension
1430 Maryland Avenue
CJIS Section
St. Paul, MN 55106
(651) 793-2400

If you had a criminal case in another state, contact that court directly to get your criminal record information. You may also want to contact the Federal Bureau of Investigation (FBI) if you are not sure what cases you have in other states. The FBI mailing address is:

FBI-CJIS Division - Summary Request
1000 Custer Hollow Road
Clarksburg, VA 26306
(304) 625-5590

The MN Judicial Branch’s case record system groups criminal, traffic, and petty misdemeanor cases together. This means your criminal case history from the District Court (court record) will include all traffic cases regardless of the level of offense.

However, driving records are different than court records and are held by the MN Department of Public Safety: Driver and Vehicle Services (DVS). If you have traffic cases that are making it hard for you to get a commercial driver’s license for a job or that are raising your car insurance premiums, it is likely your driving record that is causing these problems. Contact DVS directly to ask whether something can be removed from your driving record.

You can ask the court to seal any criminal court record if you meet the standards under the law. However, because the MN Department of Public Safety: Driver and Vehicle Services (DVS) is in charge of maintaining your driving record, the court may not be able to order your driving record to be expunged. If you want to ask the court to expunge your driving record, it is strongly encouraged that you get legal advice from an attorney. You can also contact DVS directly to ask whether something can be removed or sealed from your driving record through DVS.

The type of crime charged, your name, the name of the court that convicted or dismissed the charges, the date of conviction or dismissal, a description of the sentence served, if any, and other details of the crime and court process.

Yes. In MN, any person can search District Court records.

The Bureau of Criminal Apprehension (BCA) also maintains criminal records, and law enforcement agencies throughout the state report information to the BCA. The BCA has a "statewide" computerized record of criminal cases, made up of public and private records. Employers or landlords can access the public records, and with written permission from you before doing the search, they may also see your private criminal record. The BCA private records include juvenile criminal history and may also include details about when you were arrested. Contact the BCA directly to learn more about their policies and procedures on records.

Yes. You have a public criminal record that says you were charged with a crime and that your charge was later dismissed.

In MN, most juvenile delinquency cases are not viewable by the public. If the offense would be a felony if committed by an adult, and if the juvenile was at least 16 years old when the offense occurred, that record may be viewed by the public.

It is possible for juvenile delinquency records to be expunged, but the forms and procedures for expunging a juvenile case are different than the general criminal expungement forms and procedures discussed here. The MN Judicial Branch does not publish forms for petitioning for juvenile delinquency records to be expunged. If you would like to ask for your juvenile records to be expunged, you may be able to get forms from an attorney or a legal publisher, or you could check with your local court administrator to find out if they have juvenile expungement forms at your county courthouse. Your local law library may also have sample juvenile expungement forms.

All MN District Court records are viewable by the public and remain on your record unless sealed by law or court order or destroyed per MN Judicial Branch retention schedules.

If your case meets the requirements under the law, the court has the authority to seal court records as well as records held by many government agencies. This is commonly referred to as a "full expungement," and the records held not only by the court, but also by the police, prosecutor’s office, the Bureau of Criminal Apprehension, and/or other government agencies can be ordered to be sealed.

A judge only has the authority to order other government agencies to seal their records when a case meets the requirements of Minn. Stat. § 609A.02 (see "Does my case qualify for a full expungement?" below for more information). If a case does not meet these requirements (for example, not enough time has passed since you were discharged from probation), the judge still has the discretion to order the court records alone to be sealed.

If you are granted a partial expungement and your court records are sealed, records held by other government agencies will still be public information. Depending on what records a particular background check looks at, a partial expungement of your court records may or may not help you with getting employment, housing, etc. If you are not sure whether a partial expungement will be helpful in your situation, it is a good idea to get some legal advice.

Minn. Stat. ch. § 609A is that law that talks about the criminal expungement process. Even if your case meets the requirements under the law, the judge makes the final decision on whether or not to seal your case(s) and whether to order a full or partial expungement. If you want to know what might happen in your case or whether your case(s) qualifies for a full or partial expungement, you are strongly encouraged to get legal advice from an attorney.

NOTE: Expungement is never allowed in cases where registration as a predatory offender is required (Minn. Stat. 609A.02, subd. 4).

Minn. Stat. § 609A.02 lists the specific situations when a court has the authority to seal all government-held records (full expungement). The list includes:

• some first-time drug possession offenses resolved under certain laws;
• offenses committed by juveniles who were prosecuted in adult criminal court;
• cases that were resolved in your favor (for example, you were found not guilty or the case was dismissed); and
• some offenses with convictions (for example, you pleaded guilty or were found guilty).
   
  

Non-Felonies: Convictions for petty misdemeanors, misdemeanors, and gross misdemeanors may be eligible for full expungement depending on:

• what crime you were convicted of;
• how much time has passed since your sentence was discharged; and
• other cases that are on your criminal history.

Felonies: Minn. Stat. § 609A.02, subd. 3 lists the specific types of felony crimes that may qualify for full expungement. 

If you have a conviction on your record, please read Minn. Stat. § 609A.02, subd. 3 carefully and talk to a lawyer if you are not sure whether your case will qualify for a full expungement.

There is no guarantee that the judge will grant an expungement, even if your case technically qualifies for a "full expungement." You need to prove to the judge that the benefit to you in sealing your case is at least equal to the disadvantage to the public in not being able to see your criminal record. In making this decision the court uses the following factors:

• The nature and severity of the underlying crime;
• The risk, if any, you may pose to individuals or society;
• The length of time since the crime happened;
• The steps you have taken to rehabilitate yourself following the crime;
• Aggravating or mitigating factors (what was happening at the time) related to the crime, including your level of participation and context and circumstances of the crime;
• The reasons you are asking for expungement, including your attempts to obtain employment, housing, or other necessities;
• Your entire criminal record;
• Your record of employment and community involvement;
• The recommendations of interested law enforcement, prosecutorial, and corrections officials;
• The recommendations of victims or whether victims of the underlying crime were minors;
• The efforts you are making now or have made in the past to pay any outstanding restitution; and
• Other factors deemed relevant by the court.

Expungement involves completing court forms, serving them on agencies who have records of your case, filing paperwork with the court, and typically, having a court hearing. The process takes at least 4-6 months. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.

A filing fee is not required for cases that were resolved in your favor. This includes cases where you were not convicted, not found guilty, and did not plead guilty, or you were exonerated under Minn. Stat. § 590.11. 

A filing fee is required for cases where you were found guilty by the court or entered a guilty plea, even if you were not convicted or that conviction was later vacated. See Minn. Stat. § 609A.03. If you have a low income, receive public assistance, or otherwise cannot afford the filing fees, you may qualify for a fee waiver. Visit the Fee Waiver Help Topic for more information.

You must go to a hearing in court to ask for expungement, unless you get a notice from the court that tells you that you do not have to attend a hearing. At your hearing, you have the opportunity to tell the judge why you need the expungement.

The government agencies you served, and their attorneys have the right to object to your expungement at any time before or at the hearing. If they object before the hearing, they often send a letter to the judge with a copy to you. An objection does not mean that your expungement will be denied; only the judge can make the final decision. You should be prepared to respond to concerns raised by any objecting party at the hearing. If you receive one or more objection letters, it is a good idea to get legal advice.

Check with your District Court to see where your hearing will be located.

Appearing in court is a very important part of a case, and all parties are expected to arrive early, dress properly, and act respectfully. Read "Tips for Your Day in Court" on how to prepare for your court hearing.

The criminal expungement process takes at least 4-6 months. By law, the court hearing to consider your request has to be held at least 63 days after your forms are served to the government agencies. The judge then has up to 90 days from the date of the hearing to make a decision on your case. If the judge grants the expungement, another 60 days will pass before the court can expunge your record.

After the hearing, the judge will decide whether or not to expunge your record, and the court will send you a written decision called an order. The judge has up to 90 days from the date of the hearing to issue an order, and if the judge grants the expungement the record will not be officially expunged until 60 days after the order.

• Offenses covered by the Cannabis Act (effective August 1, 2023):
  • Minn. Stat. § 609A.055 creates new provisions for the automatic expungement of certain offenses covered by the Cannabis Act where there was a dismissal or other resolution in the defendant’s favor, or a conviction for nonfelony offenses covered by the Cannabis Act
  • The law requires the Minnesota Bureau of Criminal Apprehension (BCA) to identify records that qualify for automatic expungement.
  • Minn. Stat. § 609A.06 discusses the expungement and resentencing of gross misdemeanor and felony cannabis cases where there was a stay of adjudication or a gross misdemeanor or felony conviction.
  • These offenses are not eligible for automatic expungement but would be considered by a new Cannabis Expungement Board. The board will review records to decide whether the crime a person was convicted of or received a stay of adjudication for would either be a lesser offense or no longer be a crime under the new laws. They will also decide whether the conviction should be vacated, charges dismissed, and records expunged, or whether the defendant should be resentenced to a lesser offense. The law requires the Minnesota Bureau of Criminal Apprehension (BCA) to identify records of that should be reviewed by the board.

If you have questions about whether your case qualifies for an automatic expungement, you should talk to a lawyer.

Please also note: Automatic expungement under this law does not include expungement of records held at the Department of Human Services or other state agencies. If you want to request an expungement order under Minn. Stat. § 609A.03 that can be directed to additional local and state agencies, including the Department of Human Services, you must petition using the Expungement (Sealing) of a Criminal Record packet instead.

• Mistaken identity (effective August 1, 2023):
  • Minn. Stat. § 609A.017 makes cases eligible for automatic expungement if, before a conviction, the prosecutor decides that a defendant was issued a citation, charged, indicted, or otherwise prosecuted due to mistaken identity. After the prosecutor specifically asks the court to dismiss the case because of mistaken identity, the statute directs that a court issue an order of expungement.
     
    

Maybe. See "Does my case qualify for a full expungement?" above. If you would like to ask that records at the MN Department of Human Services or the MN Department of Children, Youth, and Families be expunged, it is strongly encouraged that you talk with a lawyer.

• Governor of Minnesota
• Chief Justice of the MN Supreme Court
• MN Attorney General