Minnesota: Adult Diversion/Deferral Program (MN-D-1)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

See Minn. Stat. § 609A.02(4) for offenses ineligible for expungement.

Procedure General

The petition must be filed in the relevant court. If the prosecutor agrees to sealing the criminal record, the court can seal the record without a petition. Minn. Stat. § 609A.025. For the specific procedure, see Minn. Stat. § 609A.01 et seq.

Fees

The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1).

Effect

Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order.

Forms

For information on how to seal a criminal record in Minnesota, visit this site.

Waiting Periods

The petition can be filed one year after the successful completion of a diversion program or stay of adjudication.

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