Clearing a DUI From Your Record in Minnesota
Whether a DUI or DWI conviction can be expunged or sealed in Minnesota, and what to do instead if it can't.
Short answer: Fourth-degree DWI (a misdemeanor) and second- and third-degree DWI (gross misdemeanors) are excluded from automatic expungement. Minn. Stat. §§ 609A.015 subd. 3(b)(2)–(3), 609A.02 subd. 3
| DUI / DWI convictions | 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. |
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| How to apply | 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. |
Where to get help in Minnesota
More Minnesota expungement & criminal records
- Getting a Copy of Your Minnesota Criminal Record
- Expunging or Sealing a Felony in Minnesota
- How to File for Expungement in Minnesota
- Sealing or Expunging Juvenile Records in Minnesota
- All Minnesota expungement & criminal records rules
FAQ
Can a DUI be expunged in Minnesota?
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.
How do you file for expungement in Minnesota?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.