Minnesota Expungement & Criminal Record Sealing
You can’t change the past but you may be able to seal it from your future.
You Can Clear Your Criminal Record
Many people are denied employment, housing, or professional licenses because of a mistake in their past often something they’ve already learned from and moved on from in their daily life. In Minnesota, expungement gives you a legal way to ask a judge to seal those records so they no longer appear on routine background checks. While an expungement does not physically destroy your record, sealing it can dramatically reduce how often it affects your opportunities.
Who May Qualify for Expungement?
Eligibility depends on the outcome of your case and how much time has passed. You may qualify for expungement if:
- You were arrested but never charged with a crime.
- Charges were filed but later dismissed.
- You were found not guilty at trial.
- You completed a diversion program or continuance for dismissal without admitting guilt.
- You entered a plea agreement that did not involve a conviction.
- You were convicted but have remained law-abiding for a required waiting period after completing your sentence, including probation: • Two years for many petty misdemeanors and misdemeanors. • Four years for many gross misdemeanors. • Five years for many felonies (with some felonies not eligible at all).
Types of Expungements in Minnesota
Minnesota law recognizes different types of expungements depending on your situation. Some cases are handled under “statutory” expungement laws, while others may rely on the court’s “inherent authority.” Which path applies will depend on factors such as whether your case was dismissed, whether you were convicted, and what type of offense was involved. Andrew will explain which approach fits your situation and what records can realistically be sealed.
How Expungement Can Help You Move Forward
A criminal record can affect far more than just the original sentence. It can:
- Make it hard to pass employment background checks
- Limit housing options
- Complicate applications for professional licenses
- Interfere with certain educational and financial aid opportunities
How Andrew Builds Your Expungement Case
There is no automatic right to expungement. Judges weigh your request against public safety concerns and the interests of agencies holding the records. Andrew helps you present the strongest possible case by:
- Confirming your eligibility under Minnesota expungement laws
- Gathering records of your original case and outcome
- Documenting your rehabilitation, employment history, community involvement, and education
- Explaining how your record has harmed your opportunities and why sealing it is justified
- Responding to any objections from prosecutors or agencies
What to Expect in the Expungement Process
Expungement is a formal legal process, but you don’t have to navigate it alone. Here’s how it typically works:
- Initial Consultation – Andrew reviews your criminal history and helps determine whether expungement is possible and which cases to target.
- Gathering Information – We obtain court records, sentencing information, and other documents needed to support your petition.
- Drafting and Filing the Petition – We prepare a detailed expungement petition explaining your eligibility, rehabilitation, and reasons for seeking relief, then file it with the court and serve all required agencies.
- Court Hearing – Andrew appears with you in court, presents arguments on your behalf, and responds to any objections from the prosecutor or government agencies.
- Order and Implementation – If the judge grants your expungement, agencies are ordered to seal the records. Over the following months, your record becomes inaccessible to most public background checks.
Assault
Drug Crimes
DWI / DUI
Expungement
Implied Consent / Test Refusal
Probation Violation
Sex Offenses
Theft Crimes
Interference With a 911 Call
Traffic Offenses
Criminal Vehicular Homicide
Criminal Vehicular Operation
Gun Rights & Firearm Restoration
DANCO & OFP Violations
Domestic Assault
White Collar Crimes
Federal Crimes
Juvenile Crimes
Minnesota Expungement FAQ
What is an expungement in Minnesota?
An expungement is a court order sealing your criminal record from public view. It does not physically destroy the record, but it removes it from most background checks and generally means you no longer have to disclose it on job or housing applications unless specifically required by law.
If I was arrested but never charged, can I get an expungement?
Often, yes. If you were arrested but never formally charged or if charges were dismissed early in the process you may qualify for a full expungement. This can include sealing records and requiring agencies to return or seal fingerprints, booking photos, and other identifying information.
Can I get an expungement if I was convicted?
In many cases, yes. Minnesota law allows expungement of certain convictions if you have remained law-abiding for a required period of time after completing your sentence, including probation. The waiting period is generally two years for petty misdemeanors and misdemeanors, four years for gross misdemeanors, and five years for many felonies. Not all felonies are eligible, and an attorney can help you review your options.
Does an expungement erase my record completely?
No. The record typically still exists but is sealed from public access. Certain government agencies may still be able to view the record under limited circumstances, but employers, landlords, and most background checks will no longer see it.
How long does the expungement process take?
Most expungement cases take several months. The process includes drafting a detailed petition, notifying all agencies that hold your records, attending a court hearing, and waiting for the court’s decision and appeal period. Timelines can vary by county and by the specific facts of your case.