Minnesota Expungement Guide

A criminal record in Minnesota can affect your ability to find housing, secure employment, obtain professional licenses, and access educational opportunities—even if you were never convicted. The good news is that Minnesota law provides a path to seal many types of criminal records through a legal process called expungement.

This guide walks you through everything you need to know about getting your record expunged in Minnesota: who qualifies, what the process looks like, how much it costs, and how Gogh Para can help you move forward.

What Is Expungement in Minnesota?

Expungement is a court-ordered process that seals criminal records from public view. In Minnesota, an expunged record is not destroyed—it is sealed so that it no longer appears on standard background checks and is not accessible to the general public. For most practical purposes, an expunged record is treated as though it does not exist.

Minnesota recognizes two distinct types of expungement, and understanding the difference is critical to knowing what protection you can expect.

Statutory Expungement (Chapter 609A)

Statutory expungement is authorized by Minnesota Statutes Chapter 609A, the state's primary expungement law. This is the more powerful form of expungement because a court order under 609A can seal records held by both the courts and executive branch agencies, including:

• The Minnesota Bureau of Criminal Apprehension (BCA)
• Local law enforcement agencies
• The Department of Corrections
• Prosecuting authorities
• Other state agencies that may hold records related to your case

Because statutory expungement reaches across all branches of government, it provides the broadest protection. Most petitioners should pursue this route whenever they are eligible.

Inherent Authority Expungement

When a person does not qualify for statutory expungement under 609A, they may still seek an inherent authority expungement. This type of expungement is based on the court's general constitutional authority to manage its own records. However, it comes with a significant limitation: an inherent authority order can only seal court records. It does not bind executive branch agencies like the BCA or law enforcement, meaning those records may still appear on certain background checks.

Courts grant inherent authority expungements only when the petitioner can demonstrate that the benefit of sealing the record clearly outweighs the disadvantages to the public and the burden on the justice system. The Minnesota Supreme Court established this balancing test in State v. Ambaye (2016).

Who Qualifies for Expungement?

Eligibility for expungement in Minnesota depends on the type of case, its outcome, and how much time has passed since the case was resolved. Below are the primary categories of eligibility under Chapter 609A.

Cases Resolved Without Conviction

You may petition for statutory expungement immediately or with a short waiting period if your case resulted in:

• Acquittal (not guilty verdict) — eligible immediately after proceedings conclude
• Dismissal of all charges — eligible immediately
• Diversion or continuance for dismissal — eligible once the diversion program is completed and charges are dismissed
• No charges filed — if all pending actions are resolved without a charge being filed

Stayed Adjudications and Certain Dispositions

If you received a stay of adjudication (where the court deferred entering a conviction), you are generally eligible for statutory expungement once you have successfully completed the terms of probation and the case has been discharged. Depending on the offense level, the waiting period is typically one to two years after discharge.

Conviction-Based Expungement

Minnesota has expanded eligibility for expungement of certain convictions. Under Minn. Stat. 609A.02, subd. 3, you may petition for statutory expungement of a conviction if:

• Petty misdemeanor or misdemeanor: Two-year waiting period after discharge of the sentence
• Gross misdemeanor: Two-year waiting period after discharge
• Qualifying felony: Five-year waiting period after discharge

Not all convictions are eligible. Qualifying offenses are specifically enumerated in the statute and generally include non-violent offenses, certain drug crimes (such as fifth-degree controlled substance offenses), and specific property crimes.

Factors Courts Consider

When deciding whether to grant an expungement, the court weighs several factors, including:

• The nature and severity of the underlying offense
• The risk you pose to public safety
• How much time has passed since the offense and discharge
• Your criminal history since the offense
• Your efforts at rehabilitation
• The specific harms the criminal record is causing (employment, housing, education)
• The interests of the public in maintaining the record

What Records Can Be Expunged?

Court Records vs. Executive Branch Records

A statutory expungement under Chapter 609A can seal records held by both judicial and executive branch agencies. This includes:

• Court records: The case file, docket entries, orders, and any associated documents maintained by the district court
• BCA records: The criminal history entry maintained by the Minnesota Bureau of Criminal Apprehension, which is the primary source for standard background checks
• Law enforcement records: Arrest records, booking records, and investigative files held by the arresting agency
• Prosecution records: Files maintained by the county attorney or city attorney
• Corrections records: Records held by the Department of Corrections or probation agencies

Expanded Eligibility

Minnesota has progressively expanded expungement eligibility in recent years. Legislative changes have added more qualifying offenses to the list of convictions eligible for statutory expungement and have refined waiting periods. If you were previously told you did not qualify for expungement, it is worth reassessing your eligibility under the current law, as the statute has been amended multiple times since its original enactment.

Records That Cannot Be Expunged

Certain records and offenses remain ineligible for expungement under Minnesota law:

• Predatory offender registration offenses: Convictions requiring registration as a predatory offender under Minn. Stat. 243.166 cannot be expunged
• Certain violent felonies: Offenses such as murder, certain degrees of assault, and other serious violent crimes are not eligible
• DWI offenses: Driving while intoxicated convictions have specific limitations and are generally not eligible for statutory expungement, though inherent authority expungement may be considered in limited circumstances
• Offenses not listed in the statute: Conviction-based expungement is limited to the specific offenses enumerated in 609A.02, subd. 3

Even for ineligible convictions, an inherent authority expungement of the court record only may sometimes be available, though the practical benefit is more limited because the BCA record remains accessible.

The Expungement Process in Minnesota

The expungement process in Minnesota involves several defined steps. While each case has its own nuances, the general process follows this sequence:

Step 1: Determine Eligibility

Before filing, you need to confirm that your case qualifies for expungement. This involves reviewing your criminal history (available from the BCA), identifying the specific charges and their outcomes, calculating waiting periods, and determining whether the offense is eligible under 609A.

Step 2: Prepare the Petition

The expungement petition is a formal court filing that includes:

• A petition identifying the records you are asking the court to seal
• A proposed expungement order
• A supporting affidavit or declaration explaining why expungement is warranted
• Documentation of rehabilitation, employment history, community involvement, and specific hardships caused by the record
• A list of all agencies that hold records related to the case

Step 3: File with the Court

The petition is filed in the district court in the county where the original case was heard. A filing fee of approximately $322 is required (though fee waivers are available for qualifying individuals).

Step 4: Serve All Agencies

Minnesota law requires that the petition be served on every agency that holds records related to the case. This typically includes the county attorney, the BCA, the arresting law enforcement agency, the Department of Corrections, and any other relevant agency. Service must be completed at least 63 days before the hearing date.

Step 5: Hearing

The court will schedule a hearing where the judge considers the petition, any supporting evidence, and any objections from the prosecuting authority or other agencies. You (or your representative) must appear at this hearing. The prosecutor may object, support, or take no position on the petition.

Step 6: Court Order

If the court grants the expungement, it issues a written order directing the court and all named agencies to seal the specified records. Agencies then have a defined period to comply with the order and seal their records.

How Much Does Expungement Cost in Minnesota?

The cost of pursuing an expungement in Minnesota has several components. Understanding these costs helps you plan and evaluate your options.

Court Filing Fee

The filing fee for an expungement petition in Minnesota district court is approximately $322. This fee is paid directly to the court when the petition is filed.

If you cannot afford the filing fee, you may apply for In Forma Pauperis (IFP) status, which waives the fee. Eligibility is based on income and is generally available to individuals receiving public assistance or those whose income falls below certain thresholds.

Attorney Fees

Most attorneys in Minnesota charge between $1,500 and $3,000 for a standard expungement case. Complex cases involving multiple offenses, contested hearings, or felony convictions can cost more. Many attorneys charge hourly, which makes the final cost unpredictable.

Other Potential Costs

• BCA background check: Approximately $15 for a copy of your criminal history record, which may be needed to confirm the details of your case
• Service of process: Costs for serving the petition on agencies, typically handled through mail or personal service
• Certified copies: Small fees for obtaining certified copies of court documents, if needed

How Gogh Para Can Help

Gogh Para is a Minnesota Licensed Legal Paraprofessional (LP) providing expungement services under attorney supervision as required by Minnesota Rule 12. Our goal is to make quality legal services accessible and affordable for working Minnesotans.

What's Included in the $750 Flat Fee

• Comprehensive eligibility review and case assessment
• Preparation and drafting of the expungement petition, proposed order, and supporting affidavit
• Filing the petition with the appropriate district court
• Service of the petition on all required agencies (BCA, law enforcement, county attorney, corrections)
• Representation at the expungement hearing
• Follow-up to confirm agencies have complied with the court order
• Ongoing communication and status updates throughout the process

The court filing fee (approximately $322) is separate and paid directly to the court. We assist with IFP applications for clients who qualify for a fee waiver.

Attorney Supervision Under Rule 12

All Gogh Para services are provided under the supervision of a licensed Minnesota attorney, as required by Minnesota Rule 12 governing Licensed Legal Paraprofessionals. This means your case receives the oversight and quality assurance of an attorney while benefiting from the cost efficiency of the LP model. Client communications are protected by the same privilege rules that apply to attorney-client communications.

Frequently Asked Questions About Minnesota Expungement