How Do I Get an Expungement in Minnesota?
By Sullivan Rice
If you have a criminal record in Minnesota, you may be wondering whether it can be cleared—or at least sealed—from public view. The good news is that Minnesota has some of the strongest expungement laws in the country, and many people now qualify for expungement even if they were told in the past that they did not.
An expungement can remove barriers to employment, housing, education, and peace of mind. Below is a step-by-step explanation of how expungement works in Minnesota and how to get started.
What Is an Expungement?
In Minnesota, an expungement is a court order that seals a criminal record so it is no longer accessible to the public. While law enforcement and certain government agencies may still have limited access, most employers, landlords, and background check companies will not be able to see an expunged case.
Expungement does not mean the case never existed, but it does mean it should no longer hold you back in everyday life.
Step 1: Determine If You’re Eligible
Eligibility is the most important—and often most confusing—part of the process.
Under Minnesota law, you may qualify for expungement if:
Your case was dismissed
You were found not guilty
You completed a diversion program
You were convicted of certain misdemeanors or gross misdemeanors
You were convicted of eligible felony offenses after a waiting period
In 2023, Minnesota significantly expanded expungement eligibility, making thousands of additional convictions eligible for expungement. Even some felony convictions may now be expunged if enough time has passed and there have been no new offenses.
Because eligibility depends on the offense, the outcome of the case, and how much time has passed, it is critical to have an attorney review your full record.
Step 2: Calculate the Waiting Period
Most expungements require a waiting period that begins once your case is fully resolved and you have completed all terms of sentencing, including probation.
Common waiting periods include:
No waiting period for dismissed cases, acquittals, or resolved diversions
2 years for certain misdemeanors
4 years for gross misdemeanors
5 years or more for eligible felonies
If you file too early, your petition may be denied—another reason legal guidance matters.
Step 3: File a Petition for Expungement
To request an expungement, you must file a formal Petition for Expungement in the county where the case occurred. This includes:
A completed petition and proposed order
A detailed explanation of why expungement is warranted
Proper service of documents to all required agencies
Minnesota requires notice to multiple parties, which may include:
The prosecuting agency
Law enforcement
The Bureau of Criminal Apprehension (BCA)
The court administrator
Missing a required agency or making a filing error can delay or derail your case.
Step 4: Attend a Hearing (If Required)
Some expungements are granted without a hearing, especially when the prosecutor does not object. Others require a court hearing where a judge weighs several factors, including:
The nature and severity of the offense
Your rehabilitation and conduct since the case
Employment and housing history
Public safety concerns
The benefit to you versus the burden on the state
This is where having an experienced criminal defense attorney can make a significant difference. Judges expect clear, persuasive arguments supported by evidence.
Step 5: Court Decision and Record Sealing
If the judge grants your expungement, the court will issue an order requiring agencies to seal the record. This process can take several weeks or months to fully complete.
Once sealed:
The case should no longer appear on most background checks
You may legally answer “no” when asked about expunged cases in most situations
Employers and landlords generally cannot consider the expunged record
Why Work With an Attorney?
While Minnesota allows people to file expungements on their own, the process is technical and unforgiving. An attorney can:
Identify all eligible cases
Ensure accurate and complete filings
Present a strong argument tailored to your situation
Avoid delays, denials, or unnecessary hearings
At Jack Rice Defense, expungement is not just paperwork—it’s about restoring opportunities and moving forward without a past mistake defining your future.
Get Help With a Minnesota Expungement
If you’re asking, “How do I get an expungement in Minnesota?” the first step is understanding your rights and options. Many people qualify who never realize it.
Jack Rice Defense helps clients throughout Minnesota clear their records and reclaim their futures. If you’re ready to find out whether you qualify, contact an experienced Minnesota expungement attorney today.
