Statutory Criminal Record Expungement in Minnesota
Minnesota law allows individuals to expunge their criminal records in certain limited circumstances. There are two types of criminal record expungement in Minnesota: “statutory expungment” and “inherent authority expungement.” Statutory expungement is governed (as the name indicates) by statute (Minn. Stat. Ch. 609A). Inherent authority expungement, on the other hand, is governed by the inherent authority of the court. This post will focus on statutory expungement.
Statutory Criminal Record Expungement Eligibility
Statutory criminal record expungement in Minnesota is only available in certain limited circumstances, specifically: (1) when an individual has had certain controlled substance offenses dismissed and discharged; (2) for certain juveniles prosecuted as adults; and (3) for certain criminal proceedings not resulting in conviction (that were resolved in favor of the person seeking expungement).
For individuals that do not qualify for statutory expungement, there may be other options available such as inherent authority expungement.
The Statutory Criminal Record Expungement Process
An individual that qualifies for statutory criminal record expungement and wants to proceed with the expungement process must formally petition the court. If the expungement petition is successful, the court will issue an order sealing the criminal records and prohibiting their disclosure to the public except in certain limited circumstances. The expungement order, however, does not destroy the petitioner’s criminal records, and the records are not returned to the petitioner.
The following is for informational purposes only and does not constitute legal advice. Although the following information is deemed accurate and current, statutory and case law change frequently and the following information should not be relied upon as authoritative.