A Step-by-Step Guide to Expunging Your Record and Moving Forward

A criminal record can follow you long after a case is resolved. Even arrests that never led to a conviction can appear on background checks, affecting job opportunities, housing applications, and professional licensing. That’s where expungement comes in.

Expungement in Minnesota provides a legal path to limit public access to certain criminal records. While the process can be time-consuming and highly technical, understanding how expungement works is the first step toward clearing obstacles created by a past record.

What Is Expungement in Minnesota?

Expungement is a court-ordered process that seals criminal records from public view. When a record is expunged, it is no longer accessible to most employers, landlords, or members of the public who run background checks.

It’s important to understand that expungement does not erase a record entirely. Law enforcement agencies, courts, and certain government entities may still access sealed records in limited circumstances. Even so, criminal record expungement in Minnesota can significantly reduce the long-term impact of an arrest or conviction.

Step-by-Step Minnesota Expungement Process

1. Gather Your Complete Criminal Record

The process begins by collecting a full criminal history. This often involves obtaining records from:

Courts where cases were filed
Police departments involved in arrests
Prosecutors’ offices
The Bureau of Criminal Apprehension (BCA)

Accuracy matters. Missing or incorrect information can delay the case or lead to rejection.

2. File the Expungement Petition

A formal petition must be filed with the court, identifying every agency that holds records related to the case. Each agency must receive proper notice, which is a frequent source of errors for self-filed petitions.

3. Agency Review and Objections

Agencies may object to the request. Objections often argue that sealing the record would pose a public safety risk or conflict with statutory limits.

4. Court Review and Decision

If objections are raised or judicial discretion applies, a judge will review the case. Some expungements are decided without a hearing, while others require court appearances.

How Long Does Expungement Take in Minnesota?

The Minnesota expungement process typically takes four to six months from start to finish. Timelines depend on:

How quickly records are gathered
Whether agencies object
Court scheduling availability

Complex cases or multi-agency records can take longer.

Is Expungement Guaranteed?

No. Even when eligibility requirements are met, expungement is not guaranteed.

Judges weigh several factors, including:

The seriousness of the offense
Time elapsed since the case
Evidence of rehabilitation
Employment history and community involvement
Whether sealing the record benefits the individual more than it disadvantages the public This balancing test is especially important in judicial expungement cases.

Why the BCA Record Matters

The Bureau of Criminal Apprehension maintains Minnesota’s central criminal history database. Even when court records are sealed, BCA records may still appear on background checks unless they are specifically included in the expungement order. Addressing BCA criminal records is often a critical step in achieving meaningful relief.

When to Speak With a Minnesota Expungement Lawyer

Expungement involves strict filing rules, deadlines, and legal standards. Errors can result in denial or limited relief.

A Minnesota expungement lawyer can help:

Determine eligibility
Identify all relevant agencies
Prepare and file accurate petitions
Respond to objections
Advocate effectively before the court

If a criminal record is limiting your opportunities, contact an experienced expungement attorney today to reclaim your future.