What Felonies Can Be Expunged in Minnesota?

A felony conviction doesn't have to define the rest of your life — but without action, it often does. Employers run background checks. Landlords screen applicants. Professional licensing boards deny applications. Even years after serving your sentence, a felony on your record can quietly close doors you don't even know are being shut.

Expungement offers a legal path forward.

It's a court-ordered process that seals your criminal record from public view, effectively erasing it for most purposes and restoring your ability to compete for jobs, housing, and opportunities on equal footing. The process is neither automatic nor simple, but for the 50 felony offenses the State of Minnesota has deemed eligible, it can be life-changing.

Felonies That Can be Expunged

Not all felonies are eligible for expungement, however, the State of Minnesota lists 53 felonies that may potentially be expunged. For a felony violation of any offense listed below, you must not have been convicted of a new crime for at least five years following the discharge of your original felony crime. In instances where registration as a sex offender was/is required, expungement is never allowed even if you are no longer required to register.

1. Altering a livestock certificate.
2. Insurance regulations.
3. Certification for title on a watercraft.
4. Possession of a controlled substance in the third or fourth degree; Controlled substance in the fifth degree; or sale of a simulated controlled substance.
5. Certificate of title false information or an accident resulting in great bodily harm.
6. Voting violations.
7. False bill of lading.
8. False declaration in assistance application.
9. Willful evasion of fuel tax.
10. Failure to affix stamp on scheduled substances.
11. Unlawful acts involving liquor.
12. Prize notices and solicitations.
13. Failure to control a regulated animal.
14. Gambling regulations.
15. Contempt.
16. Coercion.
17. Leaving the state to evade establishment of paternity.
18. Escape from civil commitment for mental illness.
19. Failure to appear in court.
20. Theft of $5,000 or less or another theft offense sentenced under the same provision, along with theft of $1,000 or less with risk of bodily harm.
21. Possession of shoplifting gear.
22. Bringing stolen goods into the state.
23. Metal dealer receiving stolen goods.
24. Possession or use of scanning device or reencoder, possession or sale of stolen counterfeit check, or mail theft.
25. Receiving stolen goods.
26. Dishonored check over $500.
27. Embezzlement of public funds $2,500 or less.
28. Rustling and livestock theft.
29. Wildfire arson.
30. Negligent fires.
31. Burglary in the third degree.
32. Possession of burglary or theft tools.
33. Criminal damage to property.
34. Assaulting or harming a police horse.
35. Aggravated forgery, forgery, check forgery of $2,500.00 or less, obtaining a signature by false pretense, recording/filing a forged instrument, or fraudulent statements.
36. False certification by notary. Lottery fraud.
37. Fraudulent driver’s license and identification card.
38. Discharge of a firearm, silencer, or furnishing a firearm to a minor.
39. Duty to render aid.
40. Tampering with a fire alarm.
41. Interference with privacy; subsequent violation or minor victim.
42. Interference with cable communications system.
43. Financial transaction card fraud.
44. Residential mortgage fraud.
45. Bribery of a participant or official in a contest.
46. Interference with transit operator.
47. Computer theft.
48. Telecommunications and information services fraud.
49. Cellular counterfeiting.
50. Counterfeited intellectual property.
51. Movie pirating.
52. Transfer pistol to minor, pistol without permit; subsequent violation, transfer of pistol to ineligible person, or,
53. Rifle or shotgun in public by minor.

Expungements are Not Guaranteed

Even if your case is eligible for expungement, the expungement is not guaranteed. There are many forms to complete and a Judge will then need to determine if the benefit of receiving an expungement is greater than the disadvantage it would be for the public to not have access to your criminal record. The judge’s 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).
• Petitioner’s criminal record, employment record, and community involvement.
• Outstanding restitution (if any).
• Other factors deemed relevant by the court.

Do I Need an Attorney to Expunge My Felony in Minnesota?

Expungement is a complicated process. While it can be navigated alone, it is strongly encouraged to secure legal advice from an experienced expungement attorney.

Contact Bruno Law for a consultation to discuss your case and whether you qualify for an expungement. You have a lot at stake, and we will work to ensure the best possible results to protect your future.

FAQs

Q: How do I know if my specific felony qualifies for expungement?

A: Minnesota law lists 53 specific felony offenses eligible for expungement under statute. If your conviction appears on that list, you must also meet two additional conditions:

1. You cannot have been convicted of any new crime within at least five years of completing your sentence, and
2. Your offense must not have required sex offender registration.

If you're unsure whether your conviction qualifies, an expungement attorney can review your record and give you a definitive answer.

Q: How long does the felony expungement process take in Minnesota?

A: From filing to final order, the expungement process typically takes four to six months in Minnesota. After you file your petition, there is a mandatory 60-day waiting period before the hearing can be scheduled. The court then notifies all relevant agencies, holds the hearing, and, if approved, issues an order. Agencies have an additional 60 days after the order to seal their records. The timeline can vary depending on court scheduling and the complexity of your case.

Q: How much does it cost to expunge a felony in Minnesota?

A: Court filing fees for an expungement petition are generally modest, but the more significant investment is in legal representation. Because felony expungements require a court hearing where a judge weighs public and private interests, having an experienced expungement attorney substantially improves your odds of success. Contact Bruno Law to discuss your specific situation and associated costs before you commit.

Q: What happens to my record after expungement is granted?

A: Once a judge grants your expungement, all government agencies named in the order are required to seal their records of the offense. For most purposes, you can legally answer "no" when asked if you have a criminal record. However, expunged records can still be accessed in limited circumstances: by law enforcement for certain investigations, by prosecutors if you are charged with a future crime, and in some professional licensing reviews. Expungement is powerful, but it is not an unconditional erasure.

Q: Can my expunged record ever be reopened?

A: Yes, in limited circumstances. A court can unseal an expunged record if you are subsequently convicted of a new crime, or if a judge determines there is sufficient cause to reopen it. This is why maintaining a clean record after expungement is critical, the protections it affords are contingent on your continued compliance with the law.

Q: What if my felony is not on the list of eligible offenses?

A: Minnesota courts also have the authority to grant expungement under their inherent judicial power for cases not covered by statute. This pathway is more difficult but it is a legitimate option worth exploring, particularly if your case involved mitigating circumstances or significant rehabilitation. An experienced attorney can assess whether a petition under inherent authority is viable for your situation.

Q: Does expungement restore my gun rights in Minnesota?

A: Not automatically. Expungement seals your record but does not automatically restore firearms rights that were revoked as a result of a felony conviction. Restoration of gun rights is a separate legal process. If this is a priority for you, discuss it explicitly with your attorney.

Q: Should I hire an attorney, or can I file for expungement on my own?

A: Technically, you can file a petition without an attorney. In practice, felony expungements are contested proceedings, the prosecutor's office and relevant agencies are notified and may object. A judge then weighs multiple factors to decide whether granting the expungement serves the public interest. Having an attorney who knows how to present your rehabilitation, address likely objections, and argue your case before the court significantly increases your chances of a favorable outcome. Given what's at stake, and that a denied petition can delay your ability to refile, professional representation is a sound investment.