Expungement of Criminal Records in Minnesota

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expungement

A criminal record can be a bar to certain types of employment, licensing, holding public office, and even the right to vote. Most states allow for a process called expungement that will remove certain arrests or criminal convictions from the offender’s record.

Depending upon the laws of the state in which you live and the nature of the crime, you may be able to get an arrest or conviction sealed or erased from your legal record. After the expungement process is complete, you will not need to disclose the conviction on a job or school application, and in most instances no record of the arrest or conviction will show up during a public records inspection or background check commonly done by potential employers, landlords, and educational institutions.

In Minnesota, two separate laws cover expunging criminal records or otherwise removing them from the criminal justice information system. The first law, Minnesota Statutes, section 299C.11, governs arrest records that are maintained by law enforcement agencies. The second law, Minnesota Statutes, chapter 609A, applies to all criminal records maintained by agencies within the criminal justice system. As explained below, the remedy available under these two laws differs significantly.  

Those eligible to request an expungement  for a criminal conviction in Minnesota include:

Certain controlled substance offenders. A person who was convicted of unlawful possession of a controlled substance may petition for expungement if the court stayed adjudication of the person’s guilt under Minnesota Statutes, section 152.18, and then dismissed the charges after the person’s successful completion of probation.

Juveniles prosecuted as adults. A person who was certified to stand trial as an adult under the juvenile code, convicted of the crime, and committed to the custody of the Commissioner of Corrections may petition for expungement if the person was finally discharged by the commissioner or was placed on probation and successfully completed its conditions.

In cases where proceedings stopped short of conviction, an individual may file a court petition for expungement in which the records are sealed but not returned. These would include the following circumstances:

  • The individual was convicted of a felony or gross misdemeanor within the ten years before the arrest he wants expunged
  • A probable cause determination was made in the case
  • The prosecutor filed charges or a grand jury indictment was returned
  • The individual was acquitted after trial
  • The individual completed a diversion program but did not plead guilty or admit guilt before the program and charges were dismissed and after completion of diversion

In Minnesota, individuals convicted of sex offenses may not have the records expunged. Conviction records relating to an offense for which registration under the Predatory Offender Registration Act is required may not be expunged. These offenses include murder while committing forcible criminal sexual conduct, kidnapping, felony-level criminal sexual conduct, and a variety of other sex-related offenses.

 The USLegal website  gives a full overview of expungement law in the state of Minnesota.