Minnesota Expungement Laws: How to Clear or Seal a Criminal Record

Minnesota calls its remedy "expungement," but it works by sealing records; the records may not be destroyed. Options include automatic expungement ("Clean Slate") carried out by the Bureau of Criminal Apprehension (BCA), court petitions to seal records, automatic expungement of certain cannabis records, review of felony cannabis convictions by a Cannabis Expungement Board, juvenile record expungement, and pardons from the Board of Pardons, which set aside and seal the conviction.

When all charges are dismissed after a case is filed (unless dismissed because the defendant was incompetent), or all proceedings end in the person's favor (an acquittal, for example), the person qualifies for expungement without filing a petition. The same applies after successfully completing a diversion program or stay of adjudication for a non-felony, if the person has had no new charge for one year. A court petition is also available. For cases resolved in the person's favor, or after diversion with no new charge for a year, the court must grant the petition unless the agency proves by clear and convincing evidence that public safety interests outweigh the harm to the person. The filing fee is waived for cases resolved in the person's favor.

By petition: a person convicted of a petty misdemeanor or misdemeanor may petition after 2 years without a new conviction since the sentence was discharged. For gross misdemeanors the wait is 3 years. Many misdemeanor and gross misdemeanor convictions are also expunged automatically after the same waiting periods, but not certain listed offenses, such as fourth-degree DWI, fifth-degree assault, domestic assault, violating an order for protection or harassment restraining order, interference with privacy, and indecent exposure. On a petition the court weighs factors such as the nature of the crime, risk to the public, rehabilitation and the person's record, and the person must show by clear and convincing evidence that the benefit is in proportion to the disadvantage to the public.

Only felonies on a list in the statute can be sealed by petition, after 4 years with no new conviction since the sentence was discharged. The list includes, for example, lower-level drug possession, third-degree burglary, theft of $5,000 or less, receiving stolen property, forgery, and criminal damage to property. Felonies later treated as gross misdemeanors or misdemeanors (because of the sentence) can be sealed after 4 years for listed offenses or 5 years for other offenses. Most listed felonies are also eligible for automatic expungement after 5 years (4 years for fifth-degree drug possession). Offenses that require predatory offender registration can never be expunged.

Yes. The Bureau of Criminal Apprehension identifies eligible records and grants expungement without a petition. This covers dismissed cases, cases resolved in the person's favor, completed non-felony diversion or stays of adjudication, and qualifying convictions after a waiting period with no new conviction and no pending charge in Minnesota: 2 years for petty misdemeanors and misdemeanors, 3 years for gross misdemeanors, 4 years for fifth-degree drug possession felonies, and 5 years for other eligible felonies. The BCA checks within 30 days after the waiting period ends and then once a year. Records are sealed 60 days after it notifies the courts, unless a court order prevents it. Automatic expungement does not apply to records held by the Departments of Children, Youth, and Families, Health, and Human Services.

Fourth-degree DWI (a misdemeanor) and second- and third-degree DWI (gross misdemeanors) are excluded from automatic expungement. Because the petition process covers misdemeanor and gross misdemeanor convictions without excluding DWI, these may be sealed by court petition after the 2- or 3-year waiting period, at the court's discretion. Felony DWI is not on the list of felonies eligible for sealing.

The juvenile court may expunge all records relating to delinquency at any time if the benefit to the person outweighs the harm to the public and public safety and the burden on courts and agencies. The court considers factors including the person's age, maturity and background at the time, the nature and severity of the offense, the impact on victims and the community, and the person's level of participation. Juvenile delinquency records are also covered by automatic expungement.

File a petition for expungement in district court and pay the filing fee. The petition must include the information the statute requires and be served on the prosecutor and the agencies whose records would be affected; these agencies may respond. The court holds a hearing and applies the statutory standard and factors. An order is automatically stayed for 60 days, and the person or an affected agency may appeal within 60 days. The court administrator sends the order to each affected agency.

A petition requires the civil filing fee under Minn. Stat. § 357.021, subd. 2, clause (1), currently $310. The fee may be waived for people who cannot afford it, and must be waived when the petition is for a case that was resolved in the person's favor. Automatic expungement requires no filing.

An expungement order seals the record, keeps its existence from being revealed, and keeps it closed except as the law allows; records are not destroyed. Data on people granted automatic expungement are private. Law enforcement and other criminal justice agencies can still get sealed records, and an expunged record can be used in a later prosecution as if it had not been expunged. Sealed records generally cannot be introduced as evidence in civil lawsuits against private employers or landlords over an employee's or tenant's conduct. Noncitizens may need copies of their records for immigration purposes and are advised to consult an immigration attorney.

Clemency comes from the Board of Pardons, made up of the Governor, the Chief Justice and the Attorney General, after review by the Clemency Review Commission. A person may generally apply for a pardon 5 years after the sentence expires or is discharged; a waiver may be requested for unusual circumstances and special need. Clemency is granted unless the Governor or a board majority opposes it. A pardon sets aside the conviction and purges it from the criminal record, and the court must seal all related records. The person does not have to disclose the conviction except in a judicial proceeding or when applying for a peace officer license.

Yes. The Bureau of Criminal Apprehension automatically expunges certain cannabis records without a petition. This covers convictions or stayed sentences for petty-misdemeanor and misdemeanor marijuana possession (Minn. Stat. § 152.027, subds. 3–4), drug-possession cases dismissed after a discharge, and certain cannabis charges that were dismissed or resolved in the person's favor. Records are sealed 60 days after the courts are notified. A Cannabis Expungement Board reviews felony cannabis convictions and decides whether they should be vacated and expunged, or resentenced to a lesser offense, because the conduct is no longer a crime or is a lesser offense after August 1, 2023.

The Minnesota Bureau of Criminal Apprehension (BCA) keeps state criminal history records. Public criminal history records can be searched on the Minnesota Public Criminal History website. To get a copy of your own record returned to you (for housing, employment, licensing, a name change or international travel), complete the BCA's personal request form, sign it in front of a notary, pay the applicable fee (check, money order or cash; credit cards in person with a service fee), and submit it by U.S. mail or in person at BCA headquarters, CHA Unit, 1430 Maryland Ave. E., St. Paul, MN 55106. You can also request your own record through a data request; if your record was affected by the Clean Slate Act or Adult Use Cannabis Act, a data request can return your complete record including sealed offenses.