Criminal Expungement

Delinquency cases include any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offenses allegedly committed by a person less than eighteen (18) years old. Traffic offenses committed by a minor are typically not included.

When you are charged with an offense, a court case is created in the county where the offense happened. In juvenile delinquency cases, if the county where the offense happened is different than the county where you live, the case is often transferred to your home county. This creates a new court case, which results in two separate court records.

The general rule is that delinquency records are private. This means that the subject of the record (you) can access this data, but the public cannot. However, there are exceptions to this rule. For example, juvenile delinquency records may be shared between government agencies as allowed by law. Also, if the offense would be considered a felony if committed by an adult, and if you were 16 or older when the offense happened, that record may be viewed by the public.

If you have been disqualified from a job by the MN Department of Human Services (DHS), the MN Department of Health (MDH), or the MN Department of Children, Youth, and Families due to your juvenile delinquency record, you may have the option of seeking expungement to remove the disqualification. For other options, review the LawHelpMN Job Disqualifications fact sheet.

• Your age, education, experience, background, and mental and emotional development at the time of the offense;
• The circumstances, nature, and severity of the offense, including any aggravating or mitigating factors (what was happening at the time that either lowers or raises your blame in the crime);
• The impact the offense had on the community and the victim, including the age and vulnerability of the victim;
• How much you participated in the offense, including planning and carrying out the offense, and how much your family or peers influenced you;
• Your entire juvenile delinquency and adult criminal record;
• Whether you participated in any child welfare, school, or community-based programs and/or probation interventions, and your willingness to meaningfully participate in them;
• Any other factors that affect your level of guilt or potential for rehabilitation;
• How much an expungement would improve your chances of education, employment, housing, or anything else.

A “partial expungement” happens when the judicial officer orders that only the court records should be sealed. If this happens, other government agencies, such as the police, the prosecutor’s office, the MN Department of Human Services, MN Department of Health, MN Department of Children, Youth, and Families, and the MN Bureau of Criminal Apprehension will still be able to see, use, and share the record as allowed by law.

A “full expungement” happens when the judicial officer orders that court records and also records held by other government agencies should be sealed. Please keep in mind that the judicial officer may still exclude some government agencies even when they grant a full expungement.

Expungement petitions are filed into the case you are trying to expunge. If your juvenile case started in one county but was transferred to a different county, you typically need to file a petition for expungement into each case. Expungement of a case in one county does not seal the related case in the other county.

To ask for expungement of a juvenile delinquency case, you will need copies of your entire juvenile delinquency record and your entire adult criminal record, including information about cases you are not looking to expunge. This includes all court cases where you were charged with a criminal offense, even if it was dismissed. It also includes cases from any other state, federal cases, or cases from other countries.

• Juvenile Court Records

• Adult Criminal Court Records

You can get copies of your MN adult criminal court records by contacting court administration in the county where the case is filed or from a public records terminal at any courthouse. You may also be able to access certain documents from your case through MN Court Records Online (MCRO). Do not rely on the information listed in MN Public Access (MPA) Remote (online court records), as that information is not as detailed.

• Records at Other Agencies

Law enforcement agencies are required to report certain details about criminal offenses to the MN Bureau of Criminal Apprehension (BCA), so you should also get the details of your record on file at the BCA. Your BCA record may be different from your 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 

• Records from Other States

If you had a juvenile delinquency or criminal case in another state, contact that court directly to get your 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: 

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

Generally, there is no filing fee to file for expungement of a juvenile delinquency record. However, if you were certified as an adult and a criminal record was created, there may be a fee to file for expungement of the adult criminal record. Review the Criminal Expungement FAQ “Will I have to pay a filing fee for my expungement request?” for more information.

The expungement process typically takes at least 4-6 months. This is because the hearing to consider your request must take place at least 63 days after you serve your forms on the government agencies. The judicial officer then has up to 90 days from the date of the hearing to make a decision. If the judicial officer grants the expungement, another 60 days must pass to allow time for appeals before the court can expunge your record. If any appeals are filed, the expungement process will likely take longer.

The government agencies you served and their attorneys have the right to object to your expungement request at any time before or at the hearing. An objection does not mean that your expungement will definitely be denied, but it is a factor that the judicial officer will consider when making the final decision about your expungement. You should still plan to attend your hearing and be prepared to respond to objections raised by any party or agency. If you aren't sure how to respond, you should talk to a lawyer.

At the hearing, which may be virtual or in-person, you have the chance to tell the judicial officer why you need the expungement. You will also be able to respond to any objections raised by the government agencies that you served. Remember, the attorneys representing the government agencies may appear at the hearing to object to your expungement request. Review the Going to Help Court Help Topic for more information about preparing for your court hearing.

After the hearing, the judicial officer will decide whether to expunge your record, and the court will send you a written decision called an order. Make sure the court has your current mailing address.

The judicial officer has up to 90 days from the date of the hearing to issue an order. If the judicial officer grants the expungement, the record will be kept open for another 60 days to allow time for any appeals. If an appeal is not filed within 60 days, the court will seal your record. It is very important that you keep a copy of the order granting expungement for your records, as you will not be able to easily request a copy once the case has been sealed.

Sealed cases can be reopened in certain types of employment checks, including checks done by criminal justice agencies, human services, and Department of Education jobs. Sealed cases can also be reopened for criminal investigations and for sentencing or probations services, or for other reasons by a court order. If you need to gain access to documents in your sealed criminal case, you make that request by filling out the Petition for Access to Confidential or Sealed File and the Order for Access to Confidential or Sealed File.

No, expunging a record will not restore your ability to possess a firearm. If you lost your firearm rights due to a delinquency or criminal record, you may petition the court to restore that right. For more information see the Firearms Help Topic.