Minnesota law allows people to seal criminal records through a court process called expungement. Most petitions proceed under Minnesota Statutes chapter 609A, which lets a judge seal court and executive branch records if legal standards are met and the public benefits outweigh the harms of keeping the record public. Clean record relief depends on the outcome of the case, the time since the offense, the offense type, and proof that you have met all terms and made progress. Many dismissals and acquittals qualify through statutory or inherent authority, and certain convictions can be sealed after waiting periods and with evidence of rehabilitation. Executive agencies such as the Bureau of Criminal Apprehension update their files after a court orders sealing, so correct service and proper forms matter. People who qualify often see better results with jobs, housing, and licensing once records are sealed across the court and state systems.
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Mark D Kelly Criminal Defense
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Segal Defense
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How much does an expungement cost in Minnesota?
Most criminal expungement filings do not have a court filing fee, but you must still pay costs to obtain certified records and any required fingerprints. If you hire an attorney, legal fees are separate and vary with the number of cases and counties involved. People with low income can request fee waivers for copy costs and other court charges if the court asks for them.
What crimes cannot be expunged in Minnesota?
Minnesota excludes several categories from sealing, including many violent and sex offenses and crimes that require registration. Some offenses are never eligible, and others have strict waiting periods and proof requirements that make approval difficult. The statute lists the ineligible or limited categories, and a careful review of your exact conviction language is essential before you file.
How do I get my record expunged in Minnesota?
You gather your court records, complete the expungement forms, and serve all required agencies such as the prosecutor and the BCA. After service, you file with the district court that handled your case and wait for the response deadline and any hearing. If the judge grants the petition, the court sends orders to agencies so they seal their records within a set timeline.
Can I get a free expungement in Minnesota?
The state does not charge a filing fee for most criminal expungement petitions, so many people pay only for copies and mailing. You can request fee waivers for costs if you meet income guidelines and the court requires additional fees for parts of your file. Some legal aid groups and public defenders provide help at no cost for eligible applicants, especially for older cases or nonconvictions.
How long does an expungement take in Minnesota?
A typical petition takes a few months from filing to order because agencies get time to respond and courts set hearing dates based on their calendars. Complex records and multiple counties can push the schedule longer because you must serve every location with records. After the judge signs the order, agencies need additional weeks to seal their systems and push updates to background checks.
What is the new expungement law in Minnesota?
Recent amendments expanded eligibility and clarified agency duties for sealing when a court grants relief. Lawmakers also updated definitions and waiting rules for some offenses so more people with rehabilitation can qualify. You still must meet statutory criteria and show that the benefits of sealing outweigh the disadvantages to the public and public safety.
Do dismissals and not guilty verdicts qualify for expungement?
Yes, dismissals and acquittals are generally strong candidates for sealing because there is no conviction to balance against the public interest. Courts may grant relief under explicit statutes or the court’s inherent authority when the case ended without a conviction. You still complete service on agencies so executive branch records are sealed alongside the court file after the order issues.
What waiting period applies to convictions in Minnesota?
Waiting periods depend on the severity level and the offense. You must complete your sentence, finish probation, and remain crime free for the required time before filing. The court also looks at rehabilitation, treatment, work history, and restitution to decide if sealing serves justice and public safety.
Will expungement erase my record completely?
Sealing makes the record nonpublic and removes it from routine background checks, but authorized agencies can still access it for limited legal purposes. Courts, prosecutors, and the BCA retain access under statute and court order. Private screeners should stop reporting sealed cases once agencies update their data, but you should keep a copy of the order for proof if questions arise.
Do I need fingerprints for a Minnesota expungement?
Many counties require a Minnesota BCA criminal history report for conviction cases, and that process uses fingerprints to match your identity. Getting the report early helps you verify every case number and charge so the petition is complete. A complete file reduces objections and prevents missed records that could cause delays or partial sealing only.
Which agencies must I serve with my petition?
You serve the prosecuting office, the law enforcement agency that handled the case, the Minnesota BCA, and any agency that holds a record you want sealed. If the case involved supervision, you also serve probation or corrections that kept files. Service must follow the rules and timelines so the court can enter a valid order that binds executive agencies to seal their records.
What happens after the judge signs the expungement order?
The court sends the signed order to each served agency with instructions to seal their records. Agencies process the order and update databases, which can take several weeks. You should check your court file and BCA record later to confirm sealing is complete across systems that background screeners use.
Can I expunge multiple cases at once?
Yes, you can include several files in one petition if they are in the same county and court division. When your records span different counties, you usually file separate petitions and serve each location that has records. Coordinating filings avoids gaps and improves the chance that all records seal in a consistent window of time.
Will an expunged case still count for future charging or sentencing?
Sealed records can be accessed by courts and prosecutors for limited purposes that the statute allows. That can include charging decisions and sentencing in a new case. Expungement is designed to reduce collateral harm in employment and housing while keeping narrow criminal justice access where the law permits it.
Can I answer no to conviction questions after my record is sealed?
For most private employment and housing applications, you can answer no because the conviction is no longer public. Certain licenses and government roles still allow or require disclosure and agency access. Read the question carefully and keep a copy of your expungement order in case you need to provide proof to a regulator or court.
Do traffic offenses and DWIs qualify for expungement in Minnesota?
Some traffic matters and certain impaired driving offenses can be sealed under chapter 609A, but many motor vehicle records remain visible in the driver system. The court order does not rewrite administrative driver history if a separate law controls that database. Review both the criminal case and the driver record rules before you file so expectations match the law.
What proof of rehabilitation should I include?
Courts look for employment, education, treatment completion, community involvement, and a clean record during and after probation. Letters of support and certificates help show progress and reduce public risk concerns. Detailed declarations that connect your progress to the relief requested carry more weight than general statements alone.
Can the court deny an expungement even if I meet a waiting period?
Yes, meeting a waiting period opens the door but the court still weighs public interest and your rehabilitation. Objections from prosecutors or victims can affect the outcome if the record shows ongoing risks or incomplete restitution. Strong evidence and complete service reduce the chance of denial and help the judge apply the balancing test in your favor.
How do I fix background check errors after an expungement?
Start by getting a current copy of your report and compare it to your expungement order. If an agency failed to seal a record, contact that agency with the order and ask for correction, then follow up in writing. If a private screener reports sealed information, dispute the entry under consumer reporting laws and provide the court order as proof.
Where do I find Minnesota expungement forms?
The Minnesota Judicial Branch posts current expungement forms and instructions on its website. Forms include the petition, proposed order, affidavits, and service materials. Use the newest versions so you meet rule changes and avoid a rejection by the clerk or the judge.