The consequences of a criminal record span far beyond the initial fines or jail time — from challenges in finding a job to making it harder to rent an apartment.
The lingering impact of a criminal record can be frustrating and disheartening, especially when you're trying to move forward and build a better future. But Minnesota’s expungement process offers hope.
If you’re eligible, expungement allows you to “seal” your criminal record, meaning others will no longer be able to see that you were arrested or convicted. And as a result, your past will no longer have the power to define your future.
In this guide, we’ll explore many of the things you need to know about expungement in Minnesota, from understanding who qualifies to navigating the legal steps involved. We’ve been navigating the criminal justice system for decades, so we know how to help our clients succeed.
What is expungement in Minnesota?
Expungement is a legal process that allows you to seal your criminal record from public access, essentially rendering it invisible to most employers, landlords, and members of the public. While the record itself still exists, expungement ensures it is not publicly accessible except under specific circumstances, such as by law enforcement or certain governmental agencies.
If you’re trying to move forward after a criminal conviction or arrest, expungement can protect you from the ongoing stigma and barriers that often come with a criminal history.
Expungement can be granted for various types of criminal records, including arrests, charges, and in some cases, even certain convictions. However, there are specific legal criteria that must be met for eligibility, and each case is unique. A lawyer can help you understand these requirements and navigate the process.
If you’re considering pursuing expungement, you should — because criminal records do not drop off automatically. Without expungement, your record remains accessible indefinitely, which is why taking action is essential.
Benefits of expungement
Improving job prospects: Background checks are often a part of the hiring process, and a criminal record can disqualify individuals from certain job opportunities, especially those in sensitive industries such as healthcare, finance, or education.
Expanding housing opportunities: A criminal record can complicate the search for housing. Many landlords run background checks, and a criminal history—especially one involving serious offenses—can result in denied rental applications. Furthermore, certain government programs and social services, including housing assistance and student loans, may be more accessible after expungement, as many of these services consider criminal history as part of the eligibility process.
Restoring civil rights: For those who have been convicted of certain offenses, expungement can help restore important civil rights, including the right to vote, serve on a jury, or own a firearm, which can be lost after a criminal conviction.
Limits of Expungement
While expungement is powerful, it has limitations:
- Sealed records can still be accessed by law enforcement and certain government agencies.
- Expungement does not erase the record or privatize criminal activity, as highlighted in Nilson v. Layton City.
- If you are arrested again, expunged records may still be used in sentencing or to enhance charges, depending on the circumstances. For example, prior convictions—even if expunged—can sometimes influence charges or penalties in future cases.
While expungement can provide relief, it’s always better to fight your charges upfront whenever possible. Avoiding a conviction in the first place is the surest way to preserve your future.
Am I eligible for expungement?
It depends. The nature of your offense, the outcome of your case, and the amount of time that has passed since you completed your sentence can all affect your eligibility. Minnesota law outlines clear eligibility criteria for expungement, and a lawyer can help you determine whether or not you’re eligible.
In most cases, you have to complete all the terms of your sentence — that means completing your probation, paying fines or restitution, and demonstrating that you have lived a law-abiding life since your conviction.
Another key factor is the waiting period. Typically, you must wait for a certain period of time after your sentence is completed before you can apply for expungement. How long you have to wait depends on the offense. The goal is to ensure that applicants have demonstrated rehabilitation and that they are not likely to reoffend.
Common criteria for eligibility:
- You were not convicted: Cases where charges were dismissed or you were found not guilty are generally eligible for expungement.
- Petty misdemeanors and misdemeanors: These are frequently eligible after completing a waiting period of two years without new charges.
- Gross misdemeanors: These may be eligible after a four-year waiting period.
- Certain felonies: Certain non-violent felony offenses (e.g., theft, forgery) are eligible for expungement after five years.
- Juvenile delinquency records: These can often be expunged, as Minnesota law recognizes the need to protect juveniles from lifelong consequences of youthful mistakes.
Even if your case meets these requirements, the judge will make the final decision on whether to expunge your record and seal your case.
Some crimes are never eligible for expungement. These include:
- Certain serious drug offenses
- Crimes requiring registration as a sex offender
- Felonies involving violence, such as murder or sexual assault
It’s also important to note that expungement applies only to state-level offenses, meaning that federal crimes cannot be expunged through this process.
How do I apply for expungement?
Applying for expungement in Minnesota involves several steps, and the process can take between 4 to 6 months (or longer).
To understand why it can take so long, it’s helpful to understand the timeline:
- After submitting your forms, a hearing must be held within 63 days by law.
- The judge then has up to 90 days from the date of the hearing to make a decision on your case.
- If the judge grants the expungement, another 60 days will pass before the court can seal your record.
Note: The timelines for automatic expungements are different — see below for more information.
Here’s how it works:
Step 1: Determine Eligibility
A lawyer can help you analyze your criminal record and assess whether you’re eligible under current laws.
Step 2: File a Petition
If you’re eligible, the next step is to file a petition for expungement in the district court where the case occurred. The petition will include information about your case, reasons for requesting expungement, and evidence of rehabilitation.
A filing fee is not required for cases that were resolved in your favor — meaning you were not convicted, not found guilty, and did not plead guilty, or you were exonerated.
A filing fee is required for cases where you were found guilty by the court or entered a guilty plea, even if you were not convicted or that conviction was later vacated.
If you cannot afford the filing fees, you may qualify for a fee waiver.
Step 3: Notify Relevant Parties
You have to provide a copy of your petition to anyone involved in your case, including prosecutors and law enforcement agencies. This is because these entities have a legal right to object to your request.
Step 4: Attend a Hearing
Next, you must go to a hearing in court to ask for expungement, unless you get a notice from the court that tells you that you do not have to attend a hearing.
At your hearing, you have the opportunity to tell the judge why you need the expungement.
As mentioned before, prosecutors and law enforcement agencies have the right to object to your expungement at any time before or at the hearing. If they object before the hearing, they often send a letter to the judge with a copy to you.
An objection does not mean that your expungement will be denied; only the judge can make the final decision.
You should be prepared to respond to concerns raised by any objecting party at the hearing. If you receive one or more objection letters, it is a good idea to get legal advice.
Step 5: Court Decision
The judge will issue a decision based on factors such as your rehabilitation, the nature of your offense, and any objections raised.
If your petition is granted, your record will be sealed.
What Happens if Your Request Is Denied?
If the court denies your expungement request, you may:
- File an appeal.
- Wait and reapply for expungement after additional time has passed or circumstances have changed.
- Seek legal advice to explore alternative options, such as pardon applications.
What is prosecutor-agreed expungement?
Prosecutor-agreed expungement is a streamlined expungement process in which the prosecutor in your case agrees to the expungement of your record. This can significantly improve your chances of success, because the court often gives weight to the prosecutor’s approval.
To pursue this option, you and your attorney must:
- Contact the prosecutor’s office to discuss your case and demonstrate rehabilitation or other compelling reasons for expungement.
- If the prosecutor agrees, file the necessary paperwork indicating their support.
- Attend the hearing (if required), where the judge will review the agreement and make a final decision.
This process can save time and reduce the risk of objections during the court proceedings. However, it is crucial to have a lawyer who can negotiate effectively with the prosecutor on your behalf.
What is automatic expungement?
Recently, Minnesota passed new laws that make certain criminal cases eligible for automatic expungements.
Here's a quick breakdown of what's covered:
Cannabis Act (effective August 1, 2023):
Because recreational cannabis use was recently legalized in Minnesota, Minnesota now allows for automatic expungement of certain cannabis-related offenses. If your case was dismissed, resolved in your favor, or if you were convicted of a non-felony cannabis offense, you may qualify.
But it’s important to note that automatic expungement under this law doesn’t cover records held by agencies like the Department of Human Services. If you need those records sealed, you’ll have to file a separate petition.
Additionally, gross misdemeanor and felony cannabis cases where there was a stay of adjudication or a conviction aren’t automatically eligible for expungement. Instead, a new Cannabis Expungement Board will review these cases.
The board will look at whether the offense could now be considered a lesser charge or even no longer a crime. They’ll decide whether to vacate the conviction, dismiss charges, expunge the records, or resentence to a lesser offense.
If you’re unsure whether your case qualifies, it’s a good idea to consult with a lawyer for clarification.
Full vs. partial expungement
Expungement can be categorized as either full or partial.
A full expungement completely seals your criminal record from public access, meaning that your case is no longer visible to most people, including potential employers, landlords, and the general public. Essentially, it offers a fresh start, making it as though the offense never occurred in the eyes of most individuals and institutions.
A partial expungement only seals specific portions of your criminal record. For example, while the public may no longer have access to your information through online databases, law enforcement agencies and other government entities may still retain access for specific purposes, such as during background checks for certain types of employment or investigations.
Understanding which type of expungement you are granted is crucial because it directly impacts how much of your criminal history remains visible to the public.
If a full expungement is granted, you may find that it offers more significant relief from the long-term consequences of a criminal record. However, with partial expungement, certain aspects of your history may still be accessible under specific circumstances, so it's important to know what’s sealed and what still remains open to scrutiny.
Do I need a lawyer?
Expungement law is complex, and even minor errors in your petition can lead to denial. A lawyer can:
- Ensure your petition is complete and compelling
- Represent you effectively at hearings
- Navigate objections from prosecutors or law enforcement
Overall, working with a great lawyer will ensure you have the best chance of success.
If you’re struggling with the consequences of a criminal record, expungement can provide a second chance. We’re here to guide you every step of the way. Contact us for a free consultation — we’ll explore your options and make a plan to get you back in the driver’s seat of your own life.
