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How to Expunge a Criminal Record in Minnesota: What You Need to Know

A criminal record can follow you for years, impacting your ability to get a job, rent an apartment, obtain professional licenses, and even qualify for loans. Many people assume that once a conviction is on their record, it’s permanent—but that’s not always the case. Minnesota offers a legal process known as expungement, which allows individuals to seal their criminal records from public view. If you’ve been convicted of a crime in Minnesota and want a fresh start, expungement may be the key to moving forward.

At Brodin Legal, we help clients navigate the complex expungement process to clear their records and regain opportunities. Understanding how expungement works, who qualifies, and how to apply is essential if you’re looking to move past a criminal conviction and start fresh.

What Is Expungement and How Does It Work?

Expungement is the legal process of sealing a criminal record, preventing most employers, landlords, and the general public from accessing it through background checks. While law enforcement and certain government agencies may still see an expunged record in limited situations, expungement removes it from standard searches, making it easier to find work, housing, and other opportunities.

Minnesota law allows for the expungement of certain criminal convictions and non-conviction records, such as dismissed charges. However, not all offenses qualify, and even if a case is eligible, you must go through a legal process to demonstrate why your record should be sealed.

Who Qualifies for Expungement in Minnesota?

Minnesota law provides an opportunity for individuals to expunge certain offenses after a waiting period, provided they have remained law-abiding. If your charges were dismissed or you were acquitted, you may be able to apply for expungement immediately. For convictions, eligibility depends on the severity of the offense and how much time has passed since completing your sentence, including probation or parole.

For those with misdemeanor convictions, the law generally requires a waiting period of two years with no new criminal offenses. Individuals with gross misdemeanor convictions must wait four years, while certain felony offenses—limited to around 50 eligible charges—require a five-year waiting period. During this time, you must remain crime-free to qualify for expungement.

The eligibility for expungement depends on the type of offense, with violent crimes and certain serious felonies typically ineligible. However, if your conviction falls into an expungeable category and you’ve maintained a clean record for the required period, you may have a strong case for sealing your record.

The Expungement Process in Minnesota

Expungement is not automatic; you must file a petition with the court and prove that expunging your record is in the interest of justice. The process begins with gathering your criminal history records, which can be obtained from the Minnesota Bureau of Criminal Apprehension (BCA). These records contain key details about your case, including the charges, sentencing, and completion of your probation or parole.

Once you have your records, the next step is filing a petition for expungement in the county where your case was handled. The petition includes personal information, details about the conviction, and an explanation of why sealing the record is justified. This document must also be sent to various government agencies, such as the prosecutor’s office, law enforcement, and the Department of Corrections, allowing them the opportunity to object to your request.

If there are no objections, the court may approve your expungement without a hearing. However, in many cases, a hearing is scheduled where you (or your attorney) will present arguments for why your record should be expunged. The judge will consider factors such as the severity of the offense, the amount of time that has passed, rehabilitation efforts, and how your criminal record has negatively impacted your life. If your petition is approved, the court will issue an expungement order, which is then sent to the relevant agencies to seal your record.

Why Expungement Matters and How It Can Benefit You

Having a criminal record sealed through expungement can open the door to new opportunities. For many, the biggest advantage is better employment prospects. Many employers conduct background checks, and even a minor offense can prevent someone from securing a job. With an expunged record, past mistakes are no longer an obstacle to career advancement.

Housing is another major area where expungement can provide relief. Landlords routinely check criminal records before approving rental applications, and a conviction—especially for theft or drug-related offenses—can make it difficult to secure stable housing. Sealing a record removes this barrier and gives individuals a fair chance at securing a place to live.

Additionally, expungement can be the first step in restoring other rights, such as firearm ownership. While expungement itself does not automatically restore gun rights, it may help strengthen a petition for gun rights restoration. Furthermore, for those pursuing professional licenses, educational opportunities, or financial aid, expungement can remove hurdles that might otherwise stand in the way.

How Brodin Legal Can Help You Get a Fresh Start

The expungement process in Minnesota can be complex and time-sensitive, requiring careful preparation and legal arguments to persuade the court. At Brodin Legal, we specialize in helping clients navigate this process, ensuring that all legal requirements are met and presenting the strongest possible case for expungement. Whether you are looking to clear a misdemeanor, gross misdemeanor, or eligible felony, our firm will guide you every step of the way.

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