Minnesota expungement — how it works
Not legal advice. This page is a plain-language overview. Always confirm with a licensed Minnesota attorney before filing. The MN State Bar lawyer referral service can connect you with one.
What expungement does
Expungement seals criminal records from public view. In Minnesota, sealed records are not erased, they are removed from public court databases and commercial background checks. Courts, prosecutors and certain licensing agencies still retain access in specific situations.
Two paths: petition and Clean Slate
Minnesota has two main expungement routes today:
- Petition-based expungement under Minn. Stat. 609A.02. You file a petition, wait for a hearing and a judge decides.
- Automatic Clean Slate expungement under Minn. Stat. 609A.015, added by the 2023 Clean Slate Act. Qualifying non-violent, non domestic-violence offenses are cleared automatically once the waiting period is met. No petition needed.
Typical waiting periods
| Record type | Wait after discharge | Statute |
|---|---|---|
| Case dismissed or acquittal | None | 609A.02 subd. 3 |
| Stay of adjudication resulting in dismissal | 1 year | 609A.02 subd. 3(a)(1) |
| Petty misdemeanor / misdemeanor | 2 years | 609A.02 / 609A.015 |
| Gross misdemeanor | 3 years | 609A.02 subd. 3(a)(3) / 609A.015 subd. 3 |
| Enumerated low-level felonies | 4 years (5 for first-time drug possession) | 609A.02 subd. 3(b) / 609A.015 subd. 4 |
Records that are not eligible
- DWI / DUI convictions (609A.01 subd. 2).
- Offenses requiring registration as a predatory offender (243.166).
- Crimes of violence listed in 609.1095 subd. 1(d).
- Criminal vehicular homicide and traffic-death offenses.
- Most domestic-violence-related records are excluded from automatic Clean Slate, but may be eligible through a petition.
What our tool checks, and what it does not
The expungement eligibility check on MN CRIME compares a case against the 15 rule categories in Minn. Stat. 609A and the 2023 Clean Slate Act, using public court data. It is best-effort only. It cannot see:
- The exact sentence-discharge date (end of probation or incarceration). Without that date we use the filing date as a proxy, which almost always understates the waiting period.
- Whether a court has already found that the statutory factors weigh in favor of expungement (judicial discretion is required for many felony expungements).
- New convictions during the waiting period that would reset the clock.
- Out-of-state convictions, juvenile cases, or records filed before the MCRO system included them.
Steps if you want to file a petition
- Pull the MN Judicial Branch expungement forms.
- Consult a licensed Minnesota attorney.
- File the petition in the county where the case originated.
- Serve the required agencies and attend the hearing if the court schedules one.