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Minnesota: Adult Non-Conviction Arrests (MN-NC-1)

Minnesota: Adult Non-Conviction Arrests (MN-NC-1)

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).
Record Detail(s)
No conviction obtained
Charges resolved in favor of defendant
Charges not filed
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The demand must be submitted to the Bureau of Criminal Apprehension or the arresting agency to destroy fingerprints, photographs, and other identification data. No petition under section 609A.01 is required. Minn. Stat. § 299C.11(b).
Fees
There is no statutory language regarding fees.
Effect
Fingerprints, photographs, and other identification data are destroyed by the Bureau of Criminal Apprehension or the arresting agency. Minn. Stat. § 299C.11.
Waiting Periods
The record is destroyed upon dismissal of the charges before a determination of probable cause, or when no charges are filed and no indictment is returned.

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