Minnesota: Adult Diversion/Deferral Program (MN-D-2)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This statute applies only to controlled substance offenses specified in Minn. Stat. § 609A.02(1).

Procedure General

The petition must be filed in the relevant court. 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 the petitioner is indigent. Minn. Stat. § 609A.03(1).

Effect

Disclosure of the existence of a record or its 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

There is no statutory language regarding a waiting period.

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