If you are seeking a Minnesota expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Minnesota Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
A juvenile adjudicated to be a delinquent but not transferred to a correctional facility.
- A juvenile adjudicated to be a petty offender § 260B.235.
- 1st time adult drug offenders with deferred sentences, or certain drug possession charges
- Juveniles prosecuted as adults who are discharged from corrections facility or fulfill terms of probation.
- Persons who had determination of all pending criminal actions or proceedings in their favor and had no felony or gross misdemeanor convictions in the 10 years prior to that determination.
- Persons whose offense was dismissed prior to a determination of probable cause; or the prosecuting authority declined to file any charges and a grand jury did not return an indictment and if no felony or gross misdemeanor convictions for 10 years before such final determination of charges
- Persons who had proceedings resolved in their favor. Not quilty by reason of mental illness does not qualify as an outcome in favor of the accused. Convictions for offenses which require registering as a sex offender are ineligible for expungement.
Additional restrictions on who can qualify for an expungement
The law says that granting expungement in a case is up to each individual judge but that expungements should only be done in rare cases. You need to prove that:
You have rehabilitated yourself
The expungement benefits you
The benefit to you is greater than the disadvantage to the public (which will no longer know about your criminal history)
Does the law provide for sealing? What are the requirements?
An adjudication of juvenile delinquency in a case not involving a transfer to a correctional facility ; An adjudication of a minor as a petty offender ; When a petition for expungement is granted; the court will issue an order to seal all records relating to an arrest, indictment or information, trial, or verdict. DNA records related to a charge where probable cause was found may not be expunged.
Except as otherwise provided the court shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.
What does it mean if you have a record expunged or sealed?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
n the case of an arrest for a criminal offense that is dismissed without a finding of probable cause or the prosecutor declines to file charges and an indictment isn't returned by a grand jury, the person arrested may have records, fingerprints, photos and other identifying data returned to them upon request if there are no felony or gross misdemeanor charges within the subsequent ten years. Otherwise, expungement is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority.
Are you eligible for a Minnesota Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Minnesota soon.