Expungement of Criminal Records in Minnesota

The term expungement is generally used when referencing the act of sealing a person’s criminal records.  For instance, you were charged criminally in Minnesota that was never adjudicated.  In fact, the case was eventually dismissed by the State of Minnesota.  However, you have been applying for new employment and the potential employer is questioning why you have a criminal charge on your background check.  In this case, the accused may seek a court order sealing records and prohibiting disclosure of their existence or their opening except under court order or statutory authority.

What This Means for Your Record

It means that your criminal record will not be available to the general public.  It does not mean that the records are destroyed or that a law enforcement agency, prosecution or correctional authority may not be able to access the record in the future. 

Who Qualifies?

In general, Minnesota has established two primary methods to seeking a court order to seal criminal records.  First, an individual may qualify under statutory authority.    Minnesota Statute section 609A states that an expungement of criminal records may be permissible if:

1. The charges were dismissed, your were found not guilty, or the case did not otherwise result in a conviction,
2. You were charged with a controlled substance offense and the proceedings have been dismissed and discharged,
3. You were a juvenile prosecuted as an adult, or
4. The Board of Pardons has granted you a pardon extraordinary.

Alternatively, if you do not qualify under Minn. Stat. section 609A, then you may ask the court to exercise its inherent authority an issue a court order sealing your criminal records.  It is important to note that this is seldom granted and usually only applies to lower level crimes.  The individual seeking this type of expungement in Minnesota must also persuade the court that the individual has undergone rehabilitation and that the benefit outweighs the disadvantage to the public and the burden on the court.  More importantly, an order expunging (sealing) a conviction may provide only for expungement of the record held by state courts and may not expunge records held by state of local law enforcement and prosecution agencies.

Before Seeking Expungement in Minnesota

The process can take several months and will likely require you to prepare documents, file a petition with the court, copy all relevant agencies, and personally attend a court hearing.

1. You should also anticipate a filing fee in the county that you will be seeking the court order.  Generally, the filing fees are several hundred dollars (e.g., Hennepin County civil filing fee as of today is $322).  Please note that you may qualify for a fee waiver.  This is commonly referred to as an In Forma Pauperis request.
2. Remember that even if you are successful, old information held by outside entities will not instantly vanish as a Minnesota court order may not persuade an out of state private organization to seal your information (e.g., the internet holds massive amounts of old information).

I hope this brief overview has helped explain a few questions.  If you are considering an expungement of your criminal record in Minnesota, then you may want to start at mncourts.gov under Self-Help.  However, if you have additional questions or concerns, please make sure you seek out legal counsel to assist you in the endeavor.