Can You Get Your Criminal Record Expunged in Minnesota?
If you have a criminal record in Minnesota, you may be wondering whether you can get it sealed or expunged. The good news is that Minnesota law allows expungement for many types of offenses — but the process is complex, and not everyone qualifies.
This guide explains who is eligible for expungement in Minnesota, how the process works, and what you can expect in terms of timeline and cost.
What Is Expungement in Minnesota?
Expungement is the legal process of sealing your criminal record so that it no longer appears on background checks. In Minnesota, an expunged record is not destroyed — it is sealed from public view. Law enforcement and certain government agencies may still access it in limited circumstances.
Who Qualifies for Expungement in MN?
Minnesota has two types of expungement:
1. Statutory Expungement (Automatic Eligibility)
You may qualify for statutory expungement if:
- Your case was dismissed or you were found not guilty
- You completed a diversion program or stay of adjudication
- You were arrested but never charged
- You received a pardon from the Board of Pardons
- You were a juvenile and your case is eligible for sealing
2. Inherent Authority Expungement (Judge’s Discretion)
Even if you were convicted, a judge may grant expungement if you can demonstrate:
- Rehabilitation since the offense
- The benefits to you outweigh the disadvantages to the public
- Sufficient time has passed since the conviction
Waiting periods vary by offense: petty misdemeanors (2 years), misdemeanors (2 years), gross misdemeanors (4 years), and felonies (5 years after discharge from probation).
Offenses That Cannot Be Expunged
Certain serious offenses are generally not eligible for expungement in Minnesota, including:
- Murder and manslaughter
- Criminal sexual conduct (1st through 4th degree)
- Certain domestic violence offenses with prior convictions
- Offenses requiring sex offender registration
The Minnesota Expungement Process
- Petition Filing: Your attorney files a petition with the court in the county where the offense occurred.
- Service on Agencies: All agencies with records (BCA, police, prosecutor) must be served.
- 60-Day Objection Period: Agencies have 60 days to object to the expungement.
- Hearing: A judge reviews the petition, any objections, and your rehabilitation evidence.
- Order: If granted, the court issues a sealing order to all agencies.
The entire process typically takes 3-6 months from filing to final order.
How Much Does Expungement Cost in Minnesota?
Court filing fees are approximately $300-$400. Attorney fees vary based on the complexity of your case. Many attorneys offer free consultations to evaluate your eligibility before you commit.
Benefits of Expungement
- Pass employment background checks
- Qualify for housing applications
- Obtain professional licenses
- Restore your reputation
- Move forward without the stigma of a criminal record
Get Help With Your Minnesota Expungement
If you’re ready to clear your record, contact Minneapolis expungement attorney Barry Hogen for a free consultation. With over 34 years of criminal defense experience, Attorney Hogen can evaluate your case and guide you through every step of the expungement process.
Related: Juvenile record sealing | Drug charge defense | Probation violations
