About clearing a record in Minnesota

Minnesota law seals some records on its own. For others, you petition a court. The remedy is called expungement. A sealed record is hidden from the public. It is not destroyed. The Bureau of Criminal Apprehension (the BCA) seals the cases the law lists, with no petition, under Minn. Stat. § 609A.015. A petition goes to the court under Minn. Stat. § 609A.03.

The BCA seals a case on its own if it was filed and then dismissed, or ended in your favor. It seals a finished diversion or stay of adjudication for a non-felony a year later, if no new charge came. It seals a listed conviction after a wait of two to five years, if no new conviction came. Some cannabis cases are sealed under Minn. Stat. § 609A.055. If the prosecutor agrees, the court seals a record with no petition under Minn. Stat. § 609A.025, unless public safety weighs against it.

For any other record, you file a petition with the court that heard the case. You pay a filing fee unless the court waives it. A case that ended in your favor pays none. You mail the petition and a proposed order to the prosecutor and to each agency whose records it would reach. The hearing is no sooner than 60 days after you mail them. A judge decides. Police, prosecutors, the courts and some state offices can still open a sealed record. Some convictions can never be expunged.

Remedies in Minnesota

  • Expungement DIY