How Does Expungement Work in Minnesota?

A criminal record can create difficult consequences in future matters. Many times, employers and landlords commonly ask job applicants and apartment seekers if they have been convicted of a criminal offense; and then base their decision to hire, or rent, on that answer. Expungement is a way to avoid having your future dependent on a past criminal act. It is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed." This process can restore various freedoms to an individual but it is not the easiest process to complete.

Start by Obtaining Your Complete Criminal Case History

For any expungement case, you will need specific details for all court cases where you were charged with a crime, including cases where you were charged but not convicted. This includes State and Federal cases and cases in other countries. There are many government offices that keep criminal records and all such records must be secured:

• Courts have records of cases that have been filed with the court.
• Police have records of arrests and investigations.
• Prosecutors have records of criminal cases. Law enforcement agencies are required to report certain details to the Bureau of Criminal Apprehension (BCA). Obtaining your record from the BCA is advisable as it may be different from your criminal court record. And for cases in another state, contact the court directly or the Federal Bureau of Investigation (FBI) if you are unsure of your cases in other states.

What Records can be Expunged?

In some cases, the court has the authority to seal all government-held records of criminal cases--this is called a statutory/whole expungement. This would ensure that the court records and records at the Bureau of Criminal Apprehension, police departments, corrections, and other agencies are sealed as well. Without a “statutory/whole expungement”, records kept by other agencies may not get sealed. According to Minnesota law, a statutory/whole expungement is allowed in specific situations including:

• First-time drug offenses resolved under certain laws.
• Offenses committed by juveniles who were prosecuted in adult criminal court.
• Cases that were resolved in your favor.
• Convictions for petty misdemeanors, misdemeanors, and gross misdemeanors dependent on the crime, how much time has passed, and individual criminal history.

In situations where a statutory/whole expungement is not allowed, the court may only have the authority to seal its own records. In these situations, there may be a public record of your criminal case at another agency, like the BCA. And unfortunately, BCA records show up on background checks for employment.

Expungement is Not Guaranteed

Even if your case meets the requirements above, expungement is not guaranteed. Numerous forms must be completed and a Judge will determine if the benefit from receiving an expungement is greater than the disadvantage it would be for the public to not have access to your criminal record. That decision is based on:

• The severity of the crime.
• Risk the petitioner poses to society.
• Length of time since the crime occurred.
• Any steps the petitioner has taken toward rehabilitation.
• Reasons for the expungement request (e.g. obtaining employment, housing or other necessities).
• Petitioners criminal record, employment record, and community involvement.
• Outstanding restitution (if any).
• Other factors deemed relevant by the court.

Process for Expungement

The process for expungement can be tedious and involves a lot of work. In addition to securing your entire criminal history, numerous forms need to be filled out and completed. It is estimated that expungement takes a minimum of four months to complete the entire process. Although expungement can be done alone, it is best to get an experienced lawyer on your side to navigate the legalities and forms that are required.

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