A criminal record doesn’t have to define your future. Our Mankato attorneys help eligible individuals seal their records through Minnesota’s expungement process.
A criminal record can follow you for the rest of your life, affecting your ability to find employment, secure housing, obtain professional licenses and pursue educational opportunities. Even if charges were dismissed or you completed your sentence years ago, that record remains visible to employers, landlords and others who run background checks.
Minnesota’s expungement laws provide a path to sealing certain criminal records from public view. At Birkholz Law, our attorneys help clients navigate the expungement process and fight for a fresh start. We understand the eligibility requirements, the legal standards courts apply, and how to present the strongest possible case for sealing your record.
With Minnesota’s Clean Slate Act taking effect in 2025, expungement law is changing. Our attorneys stay current on all developments and can advise you on whether you may be eligible for automatic expungement or whether you need to petition the court.
Minnesota law (Minn. Stat. § 609A.02) allows expungement in several situations. Cases where all charges were dismissed or the defendant was found not guilty are eligible immediately. Cases resolved through a diversion program, continuance for dismissal, or stay of adjudication are also eligible once the program is successfully completed.
For conviction-based expungements, eligibility depends on the severity of the offense and the time elapsed since discharge of the sentence. Petty misdemeanors and misdemeanors are eligible two years after discharge. Gross misdemeanors are eligible four years after discharge. Certain felonies are eligible five years after discharge, though some serious offenses, including murder, criminal sexual conduct and certain other violent crimes, are not eligible for expungement.
The Clean Slate Act expands automatic expungement for certain misdemeanor and petty misdemeanor convictions after a waiting period. For other offenses, you may need to petition the court and demonstrate that the benefits of expungement outweigh the disadvantages to the public and public safety.
The expungement process begins with a thorough review of your complete criminal history to determine eligibility and identify which records can be sealed. Our attorneys obtain your records from the Bureau of Criminal Apprehension (BCA) and all relevant courts, then assess your eligibility under current law.
Next, we prepare a comprehensive petition to the court that includes your criminal history, evidence of rehabilitation, employment records, character references, community involvement, and any other factors that demonstrate why sealing your record serves the interests of justice. The petition must be served on the prosecuting attorney, the BCA, and any other agencies that maintain records of the case.
After the petition is filed, the court schedules a hearing. At the hearing, the judge considers the statutory factors including the nature and severity of the underlying offense, the risk you pose to public safety, the length of time since the offense, your criminal history, your efforts at rehabilitation and the reasons for the expungement request. Our attorneys present a compelling case for why the benefits of expungement outweigh any disadvantages to the public.
If the court grants the expungement, it issues an order sealing the records from public view. Government agencies must comply with the order, and the records will no longer appear on standard background checks. However, certain agencies (such as law enforcement and the courts) may retain access to sealed records for limited purposes.
Minnesota recognizes two types of expungement. Statutory expungement under Minn. Stat. § 609A.02 is available for eligible offenses and, when granted, seals records held by all government agencies, including the BCA, courts, law enforcement and corrections. This is the most comprehensive form of expungement.
Inherent authority expungement is based on the court’s inherent judicial power and is available in cases where statutory expungement does not apply. However, inherent authority expungement only seals the court’s own records, it does not require other agencies like the BCA to seal their records. As a result, the offense may still appear on certain background checks. Our attorneys advise clients on which type of expungement is available and most beneficial in their specific situation.
A few years ago, a respected elementary school teacher in Mankato was arrested for shoplifting during a difficult time in her life. The charge was a gross misdemeanor, and while she completed probation successfully, the criminal record remained. She didn’t realize that even without a conviction, the arrest record could be seen by her school district during routine background checks. This created immense anxiety, as she feared losing the career she loved over a single mistake from her past. She incorrectly believed that because the case was resolved, it was automatically hidden from public view. This is a common misunderstanding that leads many people to delay seeking legal help.
Many people in her situation do nothing, hoping the record will simply fade away or that employers won’t look too closely. Some even try to file the expungement paperwork themselves, but the process is complex. They often miss crucial steps, like properly notifying all the state agencies that hold their records, or they fail to make a compelling legal argument to the judge. In Minnesota, a successful expungement petition requires a careful balancing of twelve distinct factors under Minn. Stat. § 609A.03. Without legal guidance, it is easy to overlook a critical detail, leading to a denial that can prevent you from refiling for a significant period.
An experienced expungement attorney understands how to navigate this intricate process. For the Mankato teacher, her lawyer first determined she was eligible for a statutory expungement, which seals the records held by both the courts and executive branch agencies like the Bureau of Criminal Apprehension. The attorney then gathered all necessary documentation, including proof of her successful probation and letters of support from her community. They drafted a persuasive petition that highlighted her rehabilitation, the minimal nature of the offense, and the significant negative impact the record was having on her employment and confidence. By presenting a clear and convincing case that met the statutory requirements, the attorney was able to secure a full expungement, sealing the record and allowing the teacher to continue her career without fear.
A criminal record, even for a minor offense, can create significant barriers to securing safe and affordable housing. Landlords in Minnesota routinely run background checks on potential tenants, and a criminal history can be grounds for denial. This is true even for charges that were dismissed or resolved without a conviction. An expungement under Minn. Stat. § 609A can seal these records, preventing most private landlords from seeing them. This can be the difference between finding a stable home and facing housing insecurity, a critical step for anyone looking to move forward with their life.
Employment opportunities are also severely limited by a criminal record. Many employers, particularly in fields requiring licensure like healthcare or education, have strict policies against hiring individuals with certain criminal histories. A record can also be a barrier to promotions or new opportunities within a company. A successful expungement legally allows an individual to state that they have not been convicted of the expunged offense on most job applications. This opens doors to careers and financial stability that would otherwise be closed, a key benefit of seeking to clear your record.
The right to possess a firearm can be impacted by certain criminal convictions in Minnesota. While an expungement does not automatically restore firearm rights, it is a critical step in the process. For certain offenses, a separate petition to restore firearm rights is necessary, and a successful expungement can be a persuasive factor for the court. Additionally, a criminal record can create complications in family court, such as in child custody disputes. An expungement can help demonstrate rehabilitation and good character, which can be influential in these sensitive family matters.
Beyond housing and employment, a criminal record can affect educational and immigration prospects. Students may be denied admission to college or graduate programs, or lose eligibility for financial aid. For non-citizens, a criminal record can lead to deportation or prevent them from obtaining legal status. An expungement can mitigate these risks by sealing the record from public view. By removing these obstacles, an expungement provides a true second chance, allowing individuals to pursue their educational and personal goals without the weight of a past mistake.
“My record is automatically cleared after a certain number of years.” This is one of the most persistent myths about criminal records in Minnesota. With the exception of some juvenile records and the new automatic expungement provisions for certain non-conviction records under the Clean Slate Act, most criminal records do not simply disappear over time. To clear an eligible adult criminal record, you must proactively petition the court for an expungement under Minn. Stat. § 609A. Without taking this legal action, the record will remain public indefinitely.
“An expungement completely erases my criminal record.” The term “expungement” is misleading. In Minnesota, an expungement is actually a sealing of the record, not a destruction of it. The record still exists but is no longer accessible to the general public, including most employers and landlords. However, law enforcement and other government agencies may still be able to see the record in certain circumstances. Understanding this distinction is crucial to having realistic expectations about the process.
“I can’t get my record expunged if I was convicted.” While it is more difficult to expunge a conviction than a case that was dismissed, it is certainly possible for many offenses. Minnesota law provides a path to expungement for many misdemeanor, gross misdemeanor and even some felony convictions, provided you have completed your sentence and remained law-abiding for a specific waiting period. The eligibility criteria and waiting periods are detailed in Minn. Stat. § 609A.02, and an attorney can help you determine if your conviction qualifies.
“Once my record is expunged, I never have to mention it again.” For most purposes, such as applying for a job or housing, you can legally say that you were not convicted of the expunged offense. However, there are exceptions. For example, you may still need to disclose the conviction when applying for certain professional licenses or for law enforcement positions. An expungement order will specify the limitations of the sealing, and these to avoid any legal trouble.
Your right to seek an expungement in Minnesota is grounded in statute, specifically the our approach laid out in Minnesota Statutes Chapter 609A. This chapter defines who is eligible, the types of records that can be sealed, and the legal process that must be followed. It is not a constitutional right, but a statutory privilege granted by the legislature. This means the government can and does set limits on expungement. For example, certain serious offenses are not eligible, and there are waiting periods you must respect before petitioning the court.
The law distinguishes between two types of expungement authority: statutory and inherent. Statutory expungement, governed by Minn. Stat. § 609A, is broader and seals records held by both the judicial and executive branches. Inherent authority expungement is a power of the courts, established through case law like *State v. S.L.H.*, 755 N.W.2d 271 (Minn. 2008), to seal their own records to prevent an injustice. An inherent authority expungement is more limited, as it does not typically seal records held by agencies like the Bureau of Criminal Apprehension. Understanding which type of expungement you are eligible for is a critical first step.
You have the right to a hearing before a judge to make your case for an expungement. At this hearing, you have the right to be represented by an attorney, to present evidence, and to make legal arguments. The prosecutor may object to your petition, and you have the right to respond to their objections. The judge will then weigh the twelve factors listed in Minn. Stat. § 609A.03, subdivision 5, to determine whether the benefit of the expungement to you outweighs the public’s interest in keeping the record public.
If your petition is granted, you have the right to have the record sealed from public view. This means that when a private employer or landlord runs a background check, the expunged record should not appear. You also have the right, in most situations, to legally state that you were not arrested or convicted of the sealed offense. If your petition is denied, you have the right to appeal the decision to the Minnesota Court of Appeals, though the grounds for a successful appeal are often narrow.
Winning an expungement case in Minnesota is not about finding a loophole. It is about methodically building a persuasive case that convinces a judge that the benefits of sealing your record outweigh the public’s interest in its availability. This is known as the balancing test, codified in Minn. Stat. § 609A.03, subd. 5(a). A successful strategy begins with a thorough analysis of the twelve statutory factors, which range from the nature of the offense to the petitioner’s efforts at rehabilitation. A skilled attorney will gather evidence to support each relevant factor, creating a compelling narrative for the court.
A key strategy is to present a clear and convincing picture of your life since the offense. This includes providing documentation of employment, education, community involvement and any treatment or counseling you have completed. Letters of support from employers, community leaders and family members can be powerful evidence of your good character and rehabilitation. The goal is to show the court that you are a responsible and productive member of society who is being held back by a past mistake. This proactive approach is far more effective than simply asking the judge for a second chance.
Technical legal arguments are also crucial. For example, an attorney might argue that the specific facts of your case make it less serious than a typical offense of the same name. They will also ensure that all procedural requirements are met, such as properly serving the petition on all required government agencies. A failure to follow these technical rules can lead to a dismissal of your case. In some cases, an attorney may need to challenge the legal arguments made by the prosecutor, which often focus on the public’s right to know about criminal records.
Understanding the limits of the court’s power is also a key part of a winning strategy. The Minnesota Supreme Court case of *State v. M.D.T.*, 831 N.W.2d 276 (Minn. 2013), clarified that courts do not have the inherent authority to expunge records held by executive branch agencies. This means that for most people, a statutory expungement is the only path to a complete remedy. An effective attorney will identify the correct legal basis for your petition and present the specific evidence required by the statute to secure a full sealing of your record across all government agencies.
A statutory expungement seals records across all government agencies, so the offense should not appear on standard background checks. However, certain employers, such as law enforcement agencies and organizations that work with vulnerable populations, may still have access to sealed records. An inherent authority expungement only seals court records, so the BCA record may still be visible.
Yes, in many cases. A misdemeanor DWI is eligible for expungement two years after discharge of the sentence. A gross misdemeanor DWI is eligible four years after discharge. A felony DWI may be eligible five years after discharge. Our attorneys can evaluate your specific situation and advise you on your eligibility.
The process typically takes three to six months from filing the petition to receiving the court’s decision. The timeline can vary depending on the court’s schedule, whether the prosecution objects and the complexity of the case. Our attorneys work to move the process forward as efficiently as possible.
Expungement does not automatically restore firearms rights. If your conviction resulted in the loss of gun rights, you may need to pursue a separate gun rights restoration petition. Our attorneys can advise you on both expungement and gun rights restoration and coordinate both proceedings when appropriate.
The waiting period depends on the level of the offense and the outcome of your case. For cases that were resolved in your favor, there is no waiting period. For convictions, the waiting period ranges from one to five years after the completion of your sentence, as detailed in Minn. Stat. § 609A.02.
Yes, many felony convictions are eligible for expungement. The law lists specific felonies that can be expunged, and you must typically wait five years after your sentence is complete before you can petition the court. An attorney can help you determine if your specific felony conviction is eligible.
A statutory expungement, under Minn. Stat. § 609A, seals records held by both the courts and executive branch agencies. An inherent authority expungement is a power of the courts to seal their own records to prevent an injustice, and it does not affect records held by other agencies. A statutory expungement is a more complete remedy.
While you can file for an expungement on your own, the process is complex and the legal standard is high. An experienced attorney can significantly increase your chances of success by building a strong case, Handling the procedural requirements and effectively arguing on your behalf before a judge.
If your petition is denied, you may be able to refile it at a later date, but you may have to wait a significant period of time. You also have the right to appeal the denial to the Minnesota Court of Appeals, but the grounds for a successful appeal are limited. This is why it is so important to present the strongest possible case the first time.
separate legal action. If you have a conviction that prevents you from owning a firearm, you will need to petition the court specifically for the restoration of your Second Amendment rights.
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