Expungements in Minnesota: Seal Your Criminal Record and Reclaim Your Future
If you’ve been convicted of a crime in Minnesota, the lasting impact on your life can be overwhelming. A criminal record can hinder job opportunities, housing applications, professional licenses, and even personal relationships. But there’s hope: expungement allows you to seal eligible records from public view, giving you a fresh start.
I am St. Paul criminal defense attorney Charles Gerlach. As a former prosecutor with over 25 years of experience in criminal defense, including DWI cases and expungement proceedings, I can guide you through this process. Whether it’s a misdemeanor, gross misdemeanor, or qualifying felony like a DWI or drug offense, I help clients minimize long-term consequences and restore opportunities.
What Is an Expungement in Minnesota?
Expungement is a court order that seals your criminal records, making them inaccessible to the public, most employers, landlords, and background check services. It doesn’t erase or vacate the conviction – law enforcement, courts, and certain government agencies can still access it – but it hides it from everyday view, effectively giving you a “clean slate” for practical purposes.
In Minnesota, expungement applies to various records, including arrests that didn’t lead to conviction, dismissed charges, or certain convictions. For DWI offenses, which often linger on records affecting licenses and employment, sealing can remove the public stigma and open doors to reinstating your driver’s license or advancing your career.
Do You Qualify for Expungement?
Eligibility depends on the type of record, the offense, your criminal history, and waiting periods. Minnesota law, under Minn. Stat. § 609A.02, outlines clear grounds. Importantly, records requiring predatory offender registration (e.g., certain sex offenses) cannot be expunged.
Non-Conviction Records
You likely qualify if:
- You were arrested but not charged, charges were dismissed, you were found not guilty, or the case resolved in your favor (no waiting period needed).
- You completed a diversion program, stay of adjudication, or continuance for dismissal (must stay crime-free for at least one year).
For arrests without charges or conviction, and no felony or gross misdemeanor in the last 10 years anywhere in the U.S., you may seal via the arresting agency or Minnesota Bureau of Criminal Apprehension (BCA) under Minn. Stat. § 299C.11.
Conviction Records
- Petty misdemeanors, misdemeanors, or sentences within misdemeanor limits: Eligible after 2 years with no new convictions since completing your sentence (including probation, fines, and treatment).
- Gross misdemeanors: After 3 years crime-free post-sentence.
- Certain felonies reduced to misdemeanors/gross: 4-5 years depending on the offense.
- Specific felonies: After 4 years, for a list of over 50 non-violent offenses under Minn. Stat. § 609A.02, subd. 3(b), such as:
- 5th-degree controlled substance possession (152.025).
- Certain thefts under $5,000 (609.52).
- Forgery crimes (609.625-.645).
- Computer theft/damage (609.88-609.89).
- Many frauds, like credit card or mortgage fraud.
- DWI-related felonies may qualify if they match the list or meet reduced criteria; first-time offenders often have stronger cases after sentence completion.
Repeat offenders or those with violent felonies face stricter rules. Always disclose any U.S.-wide criminal history in petitions.
Automatic Expungements Under the Clean Slate Act
Thanks to the 2023 Clean Slate Act, effective January 1, 2025, many eligible records are now automatically sealed by the BCA without needing a petition. This covers qualifying misdemeanors, gross misdemeanors, and certain felonies after waiting periods, potentially affecting millions of historical records.
The BCA identifies eligible cases, sends them to courts for a 60-day review (for objections), and seals them if approved. As of October 2025, over 650,000 records have been expunged, with more in process.
To check if yours qualifies automatically, request your criminal history from the BCA online. If not automatic or if there’s an objection, you’ll need to petition.
How Do You Get an Expungement?
Options include automatic sealing, the free Statewide Expungement Program, or filing a petition. Start by reviewing your record via the BCA or court.
Option 1: Automatic via Clean Slate Act
If eligible, the BCA handles it—no action needed from you. Check status by requesting your record; sealed ones won’t appear publicly but remain accessible to you.
Option 2: Statewide Expungement Program
Apply free at HelpSealMyRecord.org through the Minnesota Attorney General’s Office. They review your history, contact prosecutors for agreement, and handle sealing without a hearing if approved. Ideal for simple cases.
Option 3: File a Petition in District Court
For non-automatic cases or complex situations:
- Complete Forms: Notice of Hearing and Petition (EXP 102) and Proposed Order (EXP 105, 106, or 107) from mncourts.gov/forms. Disclose all U.S. criminal history. File at the county courthouse for a hearing date (70-100 days out); pay filing fee (waivable if low-income).
- Serve Agencies: Mail copies to law enforcement, prosecutors, etc., at least 63 days before hearing.
- Proof of Service: File Form EXP 104 showing mailing.
- File with Court: Submit all docs post-service.
- Attend Hearing: Present your case; agencies may support, oppose, or stay neutral. The judge decides—opposition doesn’t guarantee denial, but preparation matters.
The process can take months; errors like missing service lead to denial.
How Can a Lawyer Help with Your Expungement?
Navigating expungement solo is risky. Forms are complex, waiting periods strict, and agencies often object, especially in DWI or felony cases. As your St. Paul criminal defense attorney, I leverage my prosecutor background to:
- Evaluate eligibility thoroughly, including automatic options or Clean Slate applicability.
- Prepare airtight petitions, gather evidence of rehabilitation (e.g., clean record, employment), and handle service correctly.
- Strategize for hearings: Argue against objections, highlight benefits like restored employment prospects.
- Integrate with broader defense, like DWI license reinstatement or post-conviction relief.
Clients with legal help succeed more often, avoiding pitfalls and demonstrating to courts your commitment to change. For DWI expungements, I know the nuances; misdemeanor DWIs qualify after sentence completion, while felonies need longer waits but are possible for first-timers.
Benefits of Successful Expungement
Sealing your record:
- Boosts job chances; employers won’t see it on background checks.
- Eases housing and licensing (e.g., professional boards reconsider denials).
- Reduces DWI stigma, aiding license reinstatement and relationships.
- Provides peace of mind, proving rehabilitation to society.
Under Clean Slate, automation speeds this for many, but professional guidance ensures nothing slips through.
Contact Gerlach Law Today for a Free Consultation
Don’t let your past define your future. Attorney Charles Gerlach serves St. Paul, Minneapolis, and greater Minnesota with compassionate, expert expungement support across practice areas like DWI, drug crimes, theft, and more. Call 952-952-9723 or use our online form to book a 30-minute free consultation. Let’s seal your record and open new doors.