How to 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.

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.

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.

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.