Minnesota laws authorize automatic expungement of certain criminal records, and some juvenile delinquency records, when specific legal requirements are met. These laws require the Minnesota Bureau of Criminal Apprehension (BCA) to identify records that qualify for automatic expungement and notify the judicial branch of the eligible records. Once the BCA notifies the judicial branch, the BCA and judicial branch must expunge (seal) eligible records within 60 days unless a court order prohibits expungement.
The laws authorizing automatic expungements are:
- Minn. Stat. § 609A.055, which authorizes automatic expungement of certain drug-related offenses where there was a dismissal or other resolution in the defendant’s favor, a successful Stay of Adjudication under Minn. Stat. § 152.18, or a conviction for certain nonfelony offenses; and
- Minn. Stat. § 609A.015, which is commonly referred to as "Clean Slate" and authorizes certain criminal and juvenile delinquency records to be expunged automatically depending on the outcome of the case and whether or not the defendant or juvenile was charged or convicted in other cases.
When the BCA notifies the judicial branch that a particular record is eligible for automatic expungement, an entry will appear in the court record stating “BCA Automatic Expungement Notice” with the automatic expungement statute number listed. Note: Not every case with one of these entries will be automatically expunged. If a court order prevents automatic expungement, the court records will remain public, and an entry will appear in the court record to show that automatic expungement was prohibited by Supreme Court order or a district court order.
Please also note: Automatic expungement under these laws 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.
If you have questions about whether your case qualifies for automatic expungement, or whether to file a petition for expungement, you should talk to a lawyer. If you believe your case qualifies for automatic expungement and do not see a notation in the court record that it has been identified as eligible, you may choose to contact the BCA. If you have questions about entries in the court record you can contact your local court.
Other Types of Expungements Without a Petition
There are other laws in Minnesota that allow someone to get an expungement without filing a petition. They are:
- Minn. Stat. § 609A.06 which authorizes the Cannabis Expungement Board to review certain cannabis cases and determine their eligibility for expungement. When the Cannabis Expungement Board determines that a record is eligible for expungement, their staff will file a notice into the court case. Then the court will issue an order based on the Cannabis Expungement Board's determination. For more information see the Cannabis Expungement Board's website. 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.
- Minn. Stat. § 609A.017, which makes cases eligible for expungement without a petition if, the prosecutor determines that a defendant was charged 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.
- Minn. Stat. § 609A.025, which authorizes expungements without a petition when the prosecutor agrees to it. See more details in next question.
If you have questions about whether your case qualifies for an automatic expungement, or another type of expungement that does not require a petition, you should
talk to a lawyer.