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Minnesota

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.   

  • With certain exceptions, if you were convicted of a petty misdemeanor or misdemeanor, the record can be sealed two years after you complete your sentence if you have not been convicted of any crimes since. 
  • With certain exceptions, if you were convicted of a gross misdemeanor, the record can be sealed four years after you complete your sentence if you have not been convicted of any crimes since. 
  • If you were convicted of an eligible felony, the record can be sealed five years after you complete your sentence if you have not been convicted of any crimes since. 

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for sealing in some situations.   

  • With certain exceptions, if you successfully completed a diversion program or a stay of adjudication, the record can be sealed one year after you complete the program. 
  • If your first offense drug charge was dismissed after you successfully completed a deferred prosecution, the record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

Adult criminal records for arrests for which you were never convicted are eligible for destruction or sealing in some situations.   

  • If you were arrested, but no charges were filed, and you were not indicted, or the charges were dismissed before probable cause was determined, fingerprints, photographs, and other identification data can be destroyed immediately. You have to file a request with the Bureau of Criminal Apprehension or the arresting agency to start the process. If you meet the criteria, your request will be granted. 
  • If you were arrested and charged, but the case ended without a conviction, the record can be sealed immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

Adult Criminal Record Clearance Policies

    Records of an arrest and prosecution relating to a misdemeanor or petty misdemeanor can be sealed by the court two years after sentence completion. Minn. Stat. § 609A.02(3)(a)(3).
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    Records of arrest and prosecution relating to a gross misdemeanor can be sealed by the court four years after sentence completion. Minn. Stat. § 609A.02(3)(a)(4).
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    Records of arrest and prosecution relating to a specified felony offense can be sealed by the court five years after sentence completion. Minn. Stat. § 609A.02(3)(a)(5).
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    Records of an arrest and prosecution can be sealed by the court one year after the successful completion of a diversion program or stay of adjudication. Minn. Stat. § 609A.02(3)(a)(2).
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    Records of arrest and prosecution for a first-time drug offense can be sealed by the court upon dismissal for successful completion of deferred prosecution. Minn. Stat. § 609A.02(1).
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    Identification data of a person will be destroyed when charges are dismissed before a determination of probable cause, or when no charges are filed and no indictment is returned, if the person has not been convicted of a felony or gross misdemeanor in the past 10 years. Minn. Stat. § 299C.11(b).
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    Records of the arrest and prosecution can be sealed by the court upon a resolution favorable to the defendant. Minn. Stat. §§ 299C.11(c), 609A.02(3)(a)(1).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be expunged or destroyed in Minnesota. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

    Read the legal policies and statutes for detailed statutory information.  

    Juvenile Record Clearance Policies Overview   

    • Most juvenile court records can be expunged. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. You may not be eligible for expungement under these rules if you have an adult felony conviction on your record. 
    • Mostlaw enforcement records related to a juvenile’s interactions with police should be destroyed. The waiting period varies depending on your case. You should not have to do anything to get your record destroyed. 

    Find a Lawyer 

    If you think you might be eligible to have your record expunged or destroyed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.    

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources.

    Juvenile Record Clearance Policies

      Records relating to a delinquency matter can be expunged at any time, if the court determines that the expungement would yield a benefit to the subject of the record that outweighs any detriment to public safety and burden on courts and state agencies. Minn. Stat. § 260B.198(6)(a).
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      Juvenile history data on a child who was arrested must be destroyed six months after the arrest if the child was not referred to a diversion program and no petition was filed against the child. Minn. Stat. § 299C.095(2)(b).
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      Juvenile history data on a child against whom a delinquency petition was filed and subsequently dismissed is destroyed upon dismissal. Minn. Stat. § 299C.095(2)(c).
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      Juvenile history data on a child who was referred to a diversion program or against whom a delinquency petition was filed and continued for dismissal must be destroyed when the person turns 21. Minn. Stat. § 299C.095(2)(d).
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      Juvenile history data on a child against whom a delinquency petition was filed and continued without adjudication must be destroyed when the person turns 28. Minn. Ann. § 299C.095(2)(e).
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      Juvenile history data on a child who was found to have committed a felony or gross misdemeanor-level offense must be destroyed when the person turns 28. Minn. Stat. § 299C.095(2)(e).
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.