Minnesota Expungement & Record Sealing Guide

Who Qualifies for Expungement in Minnesota?

Minnesota offers expungement through two legal paths: statutory expungement (mandatory if eligible) and inherent authority expungement (court discretion, broader but harder to obtain).

Statutory Expungement (Court Must Grant If Eligible)

• Petty misdemeanor: 2 years from sentence discharge
• Misdemeanor: 2 years from sentence discharge
• Gross misdemeanor: 4 years from sentence discharge
• Felony (listed eligible offenses): 5 years from sentence discharge
• No new felony or gross misdemeanor convictions during waiting period
• No pending charges

Minnesota's eligible felony list includes many low-level drug offenses, theft, and property crimes. Higher-level and violent felonies are not on the statutory list.

Inherent Authority Expungement (Court Has Discretion)

For offenses not on the statutory list, you can petition under the court's inherent authority. The court weighs the benefit to you against the public's interest in retaining the record. No waiting period is specified — courts consider the totality of circumstances.

Not Eligible for Statutory Expungement

• Most violent felonies (murder, assault, robbery)
• Sex offenses
• Crimes against children
• DWI convictions (limited eligibility)

Step-by-Step: How to Clear Your Record in Minnesota

1. Obtain your BCA record — Request from Minnesota Bureau of Criminal Apprehension (BCA). Fee: ~$8.
2. File the petition — In the district court of the county of conviction. Filing fee: $285. The petition must detail the offense, sentence, and reasons for expungement.
3. Serve all agencies — Minnesota requires serving up to a dozen agencies including BCA, county attorney, arresting agency, and others — all within 60 days of filing.
4. Response period — Agencies have 60 days to respond.
5. Hearing — Mandatory hearing scheduled for all petitions. Bring documentation of rehabilitation, employment, community ties.
6. Order issued — If granted, all agencies must seal their records within 60 days of the order.

Waiting Periods

• Petty misdemeanor / misdemeanor: 2 years from discharge
• Gross misdemeanor: 4 years from discharge
• Eligible felonies (statutory): 5 years from discharge
• Inherent authority: No fixed period — court discretion

Costs

• Filing fee: $285
• BCA record: ~$8
• Attorney fees: $1,000–$3,000 (complexity of multi-agency service makes attorney valuable)

Mid-Minnesota Legal Aid and Southern Minnesota Regional Legal Services offer free expungement help. Visit lawhelpmn.org.

What Record Clearing Does (and Doesn't) Do in Minnesota

After a successful expungement or sealing in Minnesota, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Minnesota for advice specific to your situation.