Expungement is sealing court records relating to your charges, arrest, indictment, trial, and related information.

The right to expunge your criminal file is found in Minnesota Statutes Chapter 609A. The type of expungement that may be applicable to you depends on your circumstances.

How to Expunge Your Criminal Record in Minnesota

If you want to expunge your criminal record in Minnesota, follow these steps.

Step 1: Learn about whether expungement is available in your circumstances

Read the information at the bottom of this page to learn about whether you qualify for expungement.

Step 2: Get your criminal case history

The court provides information on how to get a certified copy of your criminal case history.

Step 3: Download, prepare, and file the Minnesota expungement forms

Go here to download the Minnesota expungement forms or here. Preparing these forms is the challenging part of seeking expungement. Hiring an attorney to handle this for you is highly recommended. If you want to try to do it yourself, see this step by step guide.

6 Types of Expungement in Minnesota

There are six types of criminal record expungement in Minnesota. These articles provide an overview so you can identify the requirements for your situation:

1. Expungement of Controlled Substance Offenses in Minnesota
2. Expungement of Juveniles Prosecuted as Adults in Minnesota
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law

Common Expungement Questions & Answers

How long does expungement take in Minnesota?

The Minnesota expungement process takes at least four months.  Under Minnesota law, the court must wait 63 days after you mail your paperwork to the government agencies before a judge holds a hearing to consider your request. If  expungement is granted, the court will wait 60 days before sealing your record.

What happens to my criminal record when it is expunged?

Your criminal record is not destroyed.  Rather, your criminal record is sealed, so it is “invisible” to the public. If the expunged crime was the only crime on your record, you will not have a court record available to the public.

Can potential employers see expunged court records?

No.

Can landlords see expunged court records?

No.

Can law enforcement see expunged court records?

Yes.

Can immigration agencies see expunged court records?

Yes.

Can you seal or expunge criminal records in the BCA or other government agencies?

A state court judge can order the BCA and other agencies to expunge a dismissed case. If you were convicted, the judge generally cannot order the BCA or other agencies to expunge or seal their records related to you.

Minnesota Impaired Driving Facts

• On average during the last five years in Minnesota, alcohol-related crashes accounted for 170 deaths and 400 serious injuries. Alcohol-related deaths represent more than one-third of the state’s traffic fatalities annually.
• More than 30,000 people are arrested for DWI each year. One in seven Minnesota drivers has a DWI on record.
• Young adult males are the biggest DWI offenders, annually representing 75 percent of all DWI offenders and 80 percent of alcohol-related traffic deaths.
• The majority of impaired driving offenders are first-time offenders. In 2010, 17,482 (58 percent of all violators) were issued a first DWI. Still, many offenses are committed by prior DWI offenders. In 2010, 12,436 (42 percent) of violators had prior DWIs on record.
• Each year, 60 percent of alcohol-related fatalities in Minnesota are caused by first-time DWI offenders. Interlocks will help to deter these potential offenders from offending, resulting in reduced alcohol-related traffic deaths.

Ignition Interlock Background

Ignition interlock is a tool that can save lives on Minnesota roads and provide a pathway for legal driving by DWI offenders.

Users of ignition interlock must provide a breath sample into the interlock device in order to drive. If the user’s alcohol-concentration level is 0.02 or higher, the vehicle will not start. Upon passing the test, the user can start their vehicle.

All tests are recorded by an in-car camera. Video and test results are provided to the Minnesota Department of Public Safety Driver and Vehicle Services Division for monitoring.

• Interlocks have anti-circumvention features, such as rolling retests that require a driver to blow into the device 3-5 minutes after starting, and randomly thereafter. There are also specific hum or “suck back” patterns to prevent users from attempting to circumvent the testing process and cameras.
• Breath samples of a 0.02 alcohol-concentration level or above will not allow the car to start.
• Monthly calibrations are required where information is downloaded from the device and sent to Driver and Vehicle Services. Two failures for alcohol will require early recall for calibration and information download.
• State-certified interlock vendors have installation locations across the state — making interlocks accessible for all potential users.

Strengthened DWI Sanctions and Interlock Law — Effective July 1, 2011

This law gets tougher on Minnesota DWI offenders by lengthening revocation periods and requiring interlock devices for an offender to regain driving privileges.

Interlocks

• First time DWI offenders with a 0.16 and above alcohol-concentration level and second-time DWI offenders will be required to use ignition interlocks or not have driving privileges ranging from one to two years — depending on offense level.
• DWI offenders with three or more offenses in a 10-year period will be required to use ignition interlocks for a period of three to six years – depending on offense level.
• Interlocks will be required for chronic DWI offenders (three or more DWIs in a 10-year period) to monitor alcohol use.
• Interlock users will regain full or limited driving privileges immediately after the offense, ensuring they are driving with a valid license and not a threat on the roadway.

DWI Penalties and License Revocations

• The alcohol-concentration level when enhanced administrative sanctions are applied is lowered from 0.20 percent to 0.16. The average level for a DWI arrest is 0.15 percent.
• The time-periods for loss of driving privileges will double for many DWI offenders, but offenders that install ignition interlock will be able to drive immediately.

Benefits

• Safer roads and reduced costs to society through reducing re-offense and impaired driving episodes. Impaired driving is very costly to the courts, law enforcement, county and state probation, and all costs associated with a traffic crash. It will also reduce the cost to the user since a DWI arrest is very costly.
• Creates a method for all offenders to obtain a valid driver’s license — addressing the epidemic of people driving without a valid license.
• Encourages behavior modification and rehabilitation.
• Diminishes the probability and possibility of repeat DWI. The Pacific Institute for Research and Evaluation reports interlock devices can reduce repeat DWI offenses on average 64 percent.
• In the United States, 32 states have enacted an ignition interlock for first-time DWI offenders.

Talking Points

The new Ignition Interlock law demonstrates Minnesota is getting tougher on drunk drivers — if you’re arrested for first-time DWI at 0.16 or above or for a repeat DWI, you will need to have an interlock installed to be able to drive.

This law also underscores that Minnesotans won’t stand for hundreds of traffic deaths and injuries a year as a result of alcohol-related crashes.

The requirement of an interlock device is a significant consequence/penalty that will prevent impaired driving. A major problem today is that arrested DWI offenders continue to drive after their arrest — a very unsafe and illegal situation. Interlocks allow DWI offenders to regain driving privileges and ensure they are driving safely and legally.

Interlocks have anti-circumvention features to prevent users from cheating the system — rolling re-tests every five minutes, specific hum/suck back patterns, as well as cameras that record the driver’s use of the device. Monthly calibrations are required where information is downloaded from the device and sent to Driver and Vehicle Services. Two failures for alcohol will require early recall for calibration and information download.

Some offenders will always attempt to circumvent the system, such as driving a vehicle not equipped with an interlock. Such offenders will face a misdemeanor violation that includes stiff penalties with fines up to $1,000.

Interlocks are another tool that can be used to reduce impaired driving. As a result, this law will effectively reduce impaired driving and make roads safer. While at the same time, interlocks benefit those arrested so they can continue with their lives, and most importantly, drive safely and sober.

Interlocks are cost-effective for users ($3-4 a day or $100/month), especially when compared to the costs and consequences of another DWI. Also, there are special price breaks for those economically disadvantaged. Research indicates that for every dollar spent on ignition interlock there is a cost savings of 3-7 dollars to the state. This applies to the costs for everything associated with a DWI in the state —emergency personnel, courts and the state.

A first-time DWI offender with an alcohol concentration level 0.16 or above who elects not to use an interlock will have a one-year period without a license. Depending on the offense level, revocation periods can last up to six years.

Impaired drivers continue to plague Minnesota roads and cause death and tragedy. Tougher restrictions and embracing interlock technology is necessary to step up the fight against this illegal and dangerous behavior.

Interlock Q and A

What is an ignition interlock?

An interlock is a small device that is installed under the dashboard of a vehicle and attached to the ignition. Interlocks are used to prevent a vehicle from starting if the device detects an alcohol-concentration level of 0.02 or above after the driver blows into its tube.

How effective are interlocks?

Research from the Pacific Institute for Research and Evaluation reports interlock devices can reduce repeat DWI offenses by on average of 64 percent while it is installed. However, once the device is removed, re-offense rates return to the level of those that never installed ignition interlock. Therefore, ignition interlock should be coupled by an effective long-term behavior changing program. In the United States, 32 states have implemented interlock requirements for first-time DWI offenders.

How long does a DWI offender need to drive with an interlock installed?

The time period to drive with an interlock depends on a user’s offense level. With interlock installed a DWI offender regains full driving privileges. As an example, a first-time offender who was arrested at over 0.16 would need interlock for one year. Time periods on interlock may be extended if user tries to start vehicle after drinking alcohol.

How is interlock use monitored?

Users are required to have the interlock calibrated once a month — by taking their vehicle to a service provider. Providers run a report on the interlock use that indicates how many times the vehicle started, the number of rolling re-tests, and any test fails (an alcohol-concentration limit of 0.02 or above). Service providers send the reports to DPS for review to take appropriate action or extend sanctions.

Would a DWI offender need interlocks installed on all their vehicles/families’ vehicles?

DWI offenders need to have an interlock installed on any vehicle they plan to drive. If stopped by law enforcement while driving a vehicle not equipped with interlock, the offender will face a misdemeanor that can cost up to $1,000. Family members or others that also drive the vehicle(s) with interlock installed would need to blow into the interlock to start the vehicle as well.

Could a friend or family member help start the interlock user’s vehicle by blowing into the interlock?

Yes, this is possible. However, interlock devices include advanced deterrents to prevent this. All devices call for rolling re-tests after the vehicle is started so the user must blow into the device during their trip (ideally when safely pulled over). Devices also require specific humming/blowing patterns to make it difficult for others to start the vehicle.

What is the cost for a DWI offender to use interlock?

About $100 a month ($3-4 a day, roughly the same as public transportation).

What if I choose not to have an interlock installed?

DWI offenders that choose not to have an interlock device installed would not have full driving privileges for an extended time period, based on their offense level. See the Interlock One-Pager for details for all offenses.

In the juvenile justice system and the adult justice system in Minnesota, there are many differences and distinctions.  These differences are not just in terminology (though certainly that is true as well), but also in the actual processes, procedures, and laws implemented by the government.

General Differences Between the Juvenile and Adult Systems of Justice

Experienced juvenile defense attorneys Minnesota know and understand the juvenile justice system differs from the adult criminal justice system in several ways.  Some of the key differences are evident simply by the terminology used throughout to describe the respective criminal justice processes.  Take for example the general vocabulary differences used by Minnesota statutes and rules of procedures when addressing each area of the criminal justice process.  For an adult, he or she is arrested by police, charged with a crime, found guilty by a court, sentenced to an adult correctional facility and incarcerated for a specified period of time.  Meanwhile, for a juvenile, the child is apprehended by police, petitioned for an offense, found to have committed an offense by a court, and receives a disposition to be placed in a juvenile correctional facility.  Thus, the two are processes are described in two very different ways.  This is largely attributable to the philosophical differences of the two systems of justice:  the adult system being largely committed to punishing offenders;  the juvenile system being largely committed to rehabilitating children’s behavior.

As an experienced juvenile defense attorney who is dedicated to advocating on behalf of kids who are facing criminal allegations by the government, it is important for both children and parents to have a general understanding of the Minnesota juvenile justice system.

The Age of the Person being Accused is a Key Factor

Any individual apprehended or being accused of an offense in juvenile court must have been under age 18 at the time the alleged offense is alleged to have occurred.

How a Juvenile is Apprehended

Most juveniles are apprehended by law enforcement. If the apprehended juvenile was between ages 10 and 17 at the time of the offense, the case is referred to the juvenile court and is considered a rehabilitative or justice-related case. If the apprehended juvenile was under age 10 at the time of the offense, the case is sent to juvenile court as a child in need of protection or services, which means it is considered a social services-related case, generally involving the juvenile`s mental and physical health. The juvenile court may be in the juvenile’s county of residence or the county where the offense occurred.

How a Case Ends up in Juvenile Court

Law enforcement officials refer the case to a probation officer or to a county attorney, whichever is allowed based upon the county’s juvenile matter intake procedures. After intake, if there is enough evidence available to the government to prosecute the case, the county attorney will then file a petition with the juvenile court and ask the juvenile court to make a finding or determination of delinquency. This starts the formal court procedures of the juvenile’s case.

Following this, the court schedules the juvenile’s case for an arraignment.  Next, the juvenile will need to appear in court. This most often is the first time the juvenile has appeared in court on this particular matter.   There are some exceptions to this; however, this is true most of the time.  While appearing in court, the juvenile will generally be asked by the court to either admit to the charge(s) or deny the charges.  If the juvenile admits the charge(s) (which is never recommended without an experienced attorney having first been hired to evaluate the case), then the court can impose “the disposition” – which is similar to being found guilty in an adult criminal case.  Thus, “the disposition” is basically the conclusion of a juvenile case by the court and court accepting the admission by the juvenile that he or she violated the law.  After the court accepts a juvenile’s admission, then (depending on the severity of the case and the county’s local practice) the court may order a “predisposition investigation” and set a date for the disposition hearing.  A disposition hearing is similar to (and function in much the same way) as an adult’s criminal sentencing hearing.

If the youth denies the charge(s), a trial date is set.

(PLEASE NOTE:  both admitting and denying conduct that a juvenile is accused of committing should only be done after obtaining the legal advice of an experienced juvenile defense attorney.)

Most juvenile court trials are bench trials (also known as court trial).  In this situation the judge is the sole fact-finder;  thus, there is no jury involved in the case. Once a trial is held and all the evidence and witnesses have been presented to the court, then the judge has to decide the merits of the case.  If the petition offense is proven, then the judge will find the juvenile delinquent. (This is similar to an adult being found guilty after a trial.)   If this happens, then the court will set a date for the disposition hearing (again, this hearing is similar to an adult’s sentencing hearing after being convicted of a crime at trial) . At the disposition hearing the judge decides the type of “rehabilitation” (or often referred to as the sentence) the juvenile will receive.

If the petition is not proven, then the court must dismisses the case.  (This is similar to an adult being found not guilty after a trial.)

ALTERNATIVE HANDLING OF JUVENILE CASES:

Juvenile Certified as an “Adult” (i.e., how a juvenile ends up in adult criminal court)

The court may order that a juvenile who was age 14 or older at the time of the offense and who is charged with a felony, be certified as adult and tried in criminal, or adult, court. Juveniles convicted of an offense in criminal court receive adult sentences. Juveniles charged with first degree murder, which includes premeditated murder, who were age 16 or 17 at the time of the offense, are required by Minnesota Statutes to be certified as adults and sent to criminal court, where they receive an adult sentence if they are found guilty of the offense.

Extended Jurisdiction Juvenile (EJJ)

While some juveniles may be sent immediately to criminal court, the prosecutor or the court may decide to try the case as an Extended Jurisdiction Juvenile prosecution. Generally, the juvenile would need to have been age 14 to 17 at the time of the offense and the charge must be a felony level offense. EJJ cases essentially mean that the juvenile is given a juvenile disposition and the adult sentence is stayed – meaning the juvenile is first given the chance to complete the terms of the juvenile disposition. If the juvenile fails to complete the juvenile disposition, the adult sentence, which may include incarceration in an adult correctional facility, takes effect.

Sentences and Incarceration

Individuals may be committed to the commissioner of the Department of Corrections. This means the juvenile is placed in a juvenile correctional facility or put on probation – a process of surveillance and supervision of offenders, which may follow incarceration. Probation may include house arrest, face-to-face contacts with probation officers and drug testing.

Other dispositions a juvenile may receive, but which may not include commitment to the commissioner of corrections, include therapy, foster home placement and drug treatment. There are roughly 100 dispositions a judge may use to fit the needs of a juvenile. Juveniles may receive more than one disposition in court.

Juveniles completing the terms of the disposition are usually age 21 or younger, but in some cases may be up to age 26. In most cases a record about an offense committed while a juvenile is not public information.

For general information on juvenile cases in Minnesota, please go to Experienced Juvenile Attorney in Minnesota.

For detailed information on juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.

A juvenile’s offense record continues to exist (absent an expungement or court order to the contrary) for a person’s entire life. That said, it is available to numerous government agencies as well. The question as to whether private businesses, independent federal agencies, or even state regulatory agencies have access to this information is a much more nuanced question. Regardless, even after a person turns 18 years old, their juvenile record continues to exist. Here are ten factors to consider when trying to ascertain what a juvenile record entails and how it can effect a person down the road:

ONE:  Although Minnesota law classifies law enforcement data (e.g., name, gender, age, address) about the arrest of an adult offender as public information, access to similar data on juvenile offenders is more restricted. Specifically, the law only allows law enforcement agencies to publicly release information on the age and gender of an arrested juvenile. Minn. Stat. §§ 13.82, subd. 2; 260B.171, subd. 5.

TWO:  Even though the general public cannot access most law enforcement data on juvenile offenders, these records are available to certain specific individuals and entities. For example, law enforcement records on juveniles are open to other law enforcement agencies if needed for law enforcement purposes. Minn. Stat. §§ 13.82, subd. 24; 260B.171, subd. 5(b).

THREE:  Despite the general rule protecting the privacy of law enforcement data on juveniles, information indicating that a juvenile’s driver’s license was suspended or revoked by court order is available to the general public. Minn. Stat. § 171.12, subd. 1(b).

FOUR:  Historically, records on juvenile offenders maintained by the juvenile court are not available to the general public.  However, such records may be available to government agencies, but even then, disclosures are only on a “need to know” basis – unless, of course, the juvenile court orders otherwise. This privacy policy is based on the primarily rehabilitative mission of the juvenile justice system, and the expectation that the system will best achieve its objectives if the juvenile and his or her mistakes are protected from public scrutiny. However, this general rule has significantly changed in the past 20 years in Minnesota. As a result, juvenile records, particularly those involving serious crimes committed by older juveniles, currently are available to a variety of specified entities and individuals. Minn. Stat. § 260B.171, subds. 1 and 4.

FIVE:  Often the openness of any particular record depends on the juvenile court’s categorizing of the offense and the juvenile who committed it. As is the case with law enforcement records, records maintained on juvenile offenders who are confined in a juvenile detention or correctional facility (or who are on probation or parole) may not be released to the public, but such records may however be released to other government agencies that have a statutorily defined need for the information. Minn. Stat. §§ 13.84, subds. 6 and 7; 13.85, subd. 5; 260B.171, subd. 4(d). Thus, on relatively minor or low level offenses, access to such juvenile records would be much more limited than if a juvenile was facing a more relatively serious charge.

SIX:  The law requires juvenile courts to maintain their records on juvenile offenders until an offender’s 28th birthday. However, Minnesota law also requires the Bureau of Criminal Apprehension (BCA) (which is one of the state’s agencies charged with maintaining juvenile/criminal records) to destroy juvenile records earlier than the offender’s 28^th birthday under certain circumstances.  For example, the following situations may fall under such circumstances:

• when no court petition is filed or diversion referral is made within six months of an arrest,
• when a court petition is dismissed, and/or
• when a juvenile successfully completes a diversion program.

(These three circumstances are relevant to any juvenile facing a delinquency petition in that he or she may be eligible for and offered one of these options during plea negotiations with government prosecutors.  Thus, hiring an experienced attorney on a juvenile case can result in an agreement where the offense is removed from the juvenile’s record much sooner than if the juvenile simply admits to the alleged conduct.)

SEVEN:  Some Minnesota laws either require or permit access to a juvenile’s prior offense history as a prerequisite to the juvenile’s employment in certain occupations or for other noncriminal justice purposes. However, the vast majority of these situations deal with the juvenile being around or working with children (e.g., applying to be a foster parent or seeking to adopt a child). Also it comes up in situations like applying to carry a concealed weapons permit or applying to work for some law enforcement agencies or government security departments.

EIGHT:  Except as provided by statute, the BCA will not release a juvenile adjudication history record.  The BCA will also not release information that even reveals that a juvenile record exists. Also, consenting to the release of BCA information by an individual who is the subject of the juvenile adjudication history is not effective – generally meaning a juvenile can’t simply consent to another person or business obtaining his or her own juvenile record. See Minn. Stats. § 299C.095, subd. 1(b). Although, there is one caveat:  Minnesota Statutes do not expressly address whether an individual may or may not consent to the release of law enforcement or court records on juvenile history for a background check.

NINE:  The question often arises as to whether or not going to court as a juvenile (or juvenile’s parent) without legal counsel is a good idea.  As an attorney, Jesse Hall has told his friends and family who ask this question that in his opinion it is never a good idea because the risk of both harming your case and your future down the road are very real.  In fact, as much as possible Attorney Jesse Hall urges his friends and family to have an attorney represent them for all legal issues or problems they face because having a legal advocate can yield many advantages for the client, often resulting in favorable dispositions or even the case being dismissed.  This is especially true when having to appear in court because the government is accusing you of some sort of law violation.

TEN:  In addition to hiring an attorney, Jesse Hall has urged his friends and family to hire an attorney with experience in whatever area of the law they are being confronted with.  For example, Attorney Jesse Hall has focused his legal career on a select few areas of the law, including criminal defense for both juveniles and adults – from petty offenses, misdemeanors, and traffic cases to serious felonies involving expert witnesses, DNA analysis, weapons expertise, and other complicated areas of the law. This highlights the importance of having experienced legal counsel present with you in court. The ramifications of NOT handling criminal allegations properly can have a long-lasting effect on a person’s life. This has happened many times to people who don’t hire an attorney.  Attorney Jesse Hall is often contacted by people who are now trying to clean up the legal mess caused by the person having represented themselves in court because they simply didn’t know any better. Attorney Jesse Hall has successfully helped people clean up these messes.  On the other hand, it is certainly a better practice to hire an experienced juvenile criminal defense attorney and not create the legal mess in the first place – not to mention, a lot cheaper.

Please contact Attorney Jesse Hall today for a NO-OBLIGATION consultation.  The rest of your (or your child’s) life may depend on it.

In the juvenile justices system, the court deals with many different matters – all of which are cases involving children (i.e., persons under the age of eighteen).  These matters are put into different categories.  One of these categories is juvenile delinquency.

In a juvenile delinquency case in the state of Minnesota, the child is alleged to have committed a violation of one or more of the state’s criminal laws.  The alleged infraction can be for a violation of a local city ordinance or a Minnesota state statute.  Thus, an alleged violation could range from something as relatively minor as staying out past curfew or up to the most serious of charges like murder.  Delinquency matters include any allegations by the government (1) that a person has committed any offense(s) classified as Felony, Gross Misdemeanor, Misdemeanor, and/or Petty Misdemeanor and (2) that the person who is alleged to have committed the offense(s) was in fact less than eighteen years of age at the time of the alleged offense.

The focus of the juvenile justice court proceedings is largely to provide juveniles with supervision and services that can be used for the child’s benefit in order to return the child to law-abiding behavior.

Generally after police investigations, the State will file with District Court a Petition or Citation with the alleged charge. The child and the child’s parent will be notified by U.S. Mail to appear in court.

(NOTE:  This is the point where parent(s) should take steps to contact, meet with, and hire an experienced criminal defense attorney to represent the juvenile. This is important not only because of the immediate consequences the juvenile faces, but also because of the legal ramifications that may result at a later time for the juvenile.)

Next, if the charge is proven, the court may make a finding of delinquent and the child may be adjudicated delinquent.

Also, juvenile criminal matters may include Extended Jurisdiction Juvenile (EJJ) where the child may have a stayed adult sentence until the child’s 21st Birthday, and the child is placed on extended probation.

(For more information on Extended Jurisdiction Juvenile, go to subheading ALTERNATIVE HANDLING OF JUVENILE CASES.)  (See also Minnesota Rules of Court (Rule 19) and M.S. 260B.130).

In some cases, juvenile court can certify a child to stand trial as an adult. Adult certification procedures are initiated by motion of the prosecuting attorney after a delinquency petition has been filed.  Juveniles must be at least fourteen (14) years old to seventeen (17) years old and the alleged offender must meet certain criteria in order for the motion for adult certification to be filed. If a child is certified as an adult, juvenile court’s jurisdiction terminates and the matter is transferred to adult court. (See Minnesota Rules of Court Rule 18 and M.S. 260B.125.)

(For more information on Juvenile Certified as “Adult,” go to subheading ALTERNATIVE HANDLING OF JUVENILE CASES.)

Lastly, in general all juvenile cases in the State of Minnesota are considered confidential. Nonetheless, the petition, probable cause statement, and hearing in felony matters are public record if the juvenile was at least sixteen (16) at the time the alleged offense was committed. Given this, most juvenile court delinquency matters are not open to the public with the exception of the more serious crimes being committed by juveniles who are almost an adult. Concerning juvenile court case records, most of such records are still closed to the public at large, but one can still generally get permission from the presiding judge (which is required) in order to view or obtain copies of a juvenile court record or file.

For detailed information on juvenile matters in Minnesota, please go to Experienced Minnesota Juvenile Attorney.

For detailed information on juvenile records, please go to Minnesota Juvenile Law Attorney.

Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number six, Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

Under Minnesota law, a person may be able to expunge a criminal record or conviction in any of the following circumstances:  (1) certain controlled substance (or drug) offenses;  (2) juveniles prosecuted as adults;  (3) certain proceedings not resulting in a conviction where “all pending actions or proceedings were resolved in favor of the petitioner;”  or (4) any criminal conviction (felony, gross misdemeanor, misdemeanor, petty misdemeanor, crimes of violence, drug cases, fraud cases, etc.) on a person’s record so long as the person is not required to register under Minn. Stat. § 243.166.  See Minn. Stat. § 609A.02;  see also Minnesota case law describing the right (and power) of the Minnesota judiciary to expunge criminal convictions by its “inherent judicial authority.”

Thus, the question arises if (or how) a person convicted of a petty misdemeanor offense can have the record expunged and sealed by the courts.  What every person should know is that if a person pleads guilty to a “petty misdemeanor” charge or offense and, as a result, such person is “found guilty” of that offense, then that person does have possible relief under the law and may be entitled to expunge and seal such an offense.

In this circumstance, a court has a few options to consider:  the court can (1) grant the entire request, (2) grant the request in part and deny it in part, or (3) summarily deny the request in its entirety.  Because of these options and other relevant expungement laws that dictate what a court may do, under certain circumstances the court may simply not be able to chose to deny the petitioner’s request to have the record expunged and sealed.  In fact, under certain circumstances, the person may actually be able to force the court to grant the request to expunge and seal the record.  Thus, for criminal offenses generally the court may chose to seal the records of the petition itself, the arrest or citation, the charges, and all other records relative to the criminal offense and conviction.

However for petty misdemeanors, the court may choose to do nothing regarding the petty offense under statutory law.  This is because Minnesota Statutes, Chapter 609A, does not apply to non-criminal offenses that are not resolved in favor of the petitioner.  However, the statute does to some degree order the various government agencies to reflect the noncriminal nature of the petty misdemeanor disposition.  Thus, in this situation the court may chose to (1) grant the petition to expunge and seal the record concerning, say, the original charges in the case (assuming the charges are more serious than a petty offense) or expunge and seal it to the extent that the record is referred to as an offense greater than a petty misdemeanor or petty offense;  and (2) deny the request petition to expunge and seal the record to the extent that a record of some sort will still exist.

As you can probably see, petitioning a court to expunge and seal a record is a very specific, detailed, and complex area of the law.  In part, I believe this is because the public, politicians who write the laws, and the personal policy interests of the courts and judges are personally opposed to, in essence, wiping the slate clean for people and making them suffer for past wrongdoings.  Certainly there are exceptions to this, but for whatever reason, people seem to be less forgiving and less inclined to let people move on from their mistakes – which in some cases the only “mistake” made was being of a “wrong color skin,” not being wealthy enough to afford a proper legal defense, and ultimately being wrongfully-convicted by some prosecutor trying to make a name for himself or herself.  This is not justice.  And my hope is that some semblance of justice can be restored by the use of criminal record expungement and sealing laws in Minnesota.  I look forward to working with you and your case.

Criminal Expungement Attorney Jesse Hall at Twin Cities Law Firm, LLC
The attorneys at Twin Cities Law Firm, LLC have the experience necessary to help you protect yourself from government intrusion into your privacy.  Attorney Jesse Hall is an experienced Minnesota expungement attorney who can help you get rid of your those bothersome petty offenses and other related records suggesting you have a criminal history record.  Take the necessary legal steps to seal up any trace on your criminal history record that implies you had some unexplained contact with law enforcement at some time in your life.  Expunging your criminal record and other related documents, records, data, and information is critical to your continued success.  You deserve better!  Let Twin Cities Law Firm help you achieve it.

Call Attorney Jesse Hall today to schedule your NO-OBLIGATION consultation:  612.293.5245.

For detailed information on juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.

Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority.

This includes felonies and violent crimes, gross misdemeanors, misdemeanors, petty misdemeanors, petty offenses, traffic misdemeanors, traffic infractions, DUIs, DWIs, and any other crime you have been convicted of in Minnesota.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number five, Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority.  This is the section that most people think of as criminal expungement.  This is the section that deals with expunging and sealing actual criminal convictions! This section does not deal with trying to clean up a person’s arrest record or getting rid of lingering records after a person has been found “not guilty” by a jury.  This section does not deal with trying to clean up a person’s record after a case was dismissed because the person complied with their terms and conditions of probation based upon a plea agreement entered into by the person, the prosecution, and the court.  For many people, this is the most important section they can read about removing actual criminal convictions from their criminal history record.  In other words, this section deals with the ultimate question people have:  can a person get an actual criminal conviction expunged from the person’s criminal history record and then have it sealed so that others will not know about it?   The answer is almost always a resounding YES!  And it is does through the inherent judicial authority of the courts in Minnesota.

A judge or court may consider expunging any person’s criminal record based upon the inherent judicial authority granted to judges and the judiciary by state and federal constitutions.  In Minnesota, such powers have been limited only by the legislative limits imposed for crimes involving mandatory registration requirements under Minn. Stat. § 243.166.  See Minn. Stat. § 609A.02, Subd. 4.  What this means is essentially that a person may petition the court to expunge and seal ANY criminal conviction on the person’s record – except for those crimes listed in Minn. Stat. § 243.166 that require a person to register.

Through this excellent inherent power of the judiciary, Minnesota judges can (with only a few exceptions) expunge and seal up ANY criminal conviction a person has from the person’s past.  This is true regardless of how much time has passed and regardless of the severity of the offense (again, with a few exceptions).

In order for the court to grant an expungement of any criminal conviction on a person’s record, the court must determine that either one of the following two things have occurred:

First, the court may use its inherent judicial authority to expunge a criminal conviction and seal the record where the person’s constitutional rights may be seriously infringed if the criminal conviction is allowed to stay on the person’s criminal record;  and second, the court can expunge and seal the criminal conviction where there is no infringement of the person’s constitutional rights, but the court finds that the expungement will nonetheless yield a benefit to the person commensurate with (1) the disadvantages to the public from the elimination of the record and (2) the burden on the court in issuing, enforcing, and monitoring, the expungement order.

Thus, the court should grant the expungement and sealing of a criminal conviction on a person’s criminal record when there is clear and convincing evidence that the many advantages to the person from sealing the criminal conviction are commensurate with (or equal to) the burden to the public and public safety or to the courts.  In this case, however, it is worth noting that only the judicial branch records may be sealed by the courts, and other such databases may continue to maintain such records unless further legal action is taken.

Further, the court should deny the expungement and sealing request when the person has not shown by clear and convincing evidence that such advantages to the person resulting from the expungement and sealing of the record are commensurate with (or equal to) the burden (if any) to the public and public safety or to the courts.  Again, the exception to this rule is for those convictions that maintain registration requirements under Minn. Stat. § 243.166.

Attorney Jesse Hall at Twin Cities Law Firm, LLC
Contact Attorney Jesse Hall to arrange your NO-OBLIGATION consultation today:  612-293-5245.
Jesse Hall is an experienced criminal record expungement attorney in Minnesota.  He will fight for your right to be free of your past.  Every person makes mistakes.  Not every person’s mistakes have to follow them through life.  As an attorney and as a law firm, Jesse Hall and the attorneys at Twin Cities Law Firm strongly believe that people should not be judge by their worst mistake in life – often having occurred years prior!

Contact Attorney Jesse Hall to determine your legal option for expunging and sealing any or all of you prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

For detailed information on Juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.

Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number four, Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11.

A person can have certain identifying information and data that is being held by state agencies sealed if certain conditions are met, and the person does not need to file a petition under Minn. Stat. § 609A.03 to have such information sealed.  First, the person cannot have been convicted of either a felony or a gross misdemeanor (this includes all convictions, both inside and outside the state of Minnesota or in any other country) within a period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person.

Second, the person must have either (a) had the criminal charges dismissed prior to a determination of probable cause in the case;  or (b) the prosecution declined to file any charges and a grand jury did not return an indictment.

Where these conditions are met, the government shall (upon demand by the person whose information is being held) return to the person’s finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them.

Again there are some exceptions (for example, Minn. Stat. § 299C.11, Subd. 1(c) states,

Except as otherwise provided in paragraph (b), upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them if the arrested person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination.

Thus, retaining an experienced attorney to evaluate, advise, and guide you through the expungement and sealing process is critical to successfully obtaining and sealing any information about you that the government wants to store or save to use against you later.  The sooner you obtain and seal the information the government has, the better you can protect yourself from future harm caused by such information being used either by the government itself or some private entity that obtains the information.

Attorney Jesse Hall at Twin Cities Law Firm, LLC
Contact an attorney to arrange your NO-OBLIGATION consultation today.
Jesse Hall is an experienced criminal record expungement attorney in Minnesota.  He will fight for your right to be free of your past.  Every person makes mistakes.  Not every person has to suffer for their mistakes throughout their entire life.  Take the necessary steps to have your criminal record expunged in order to create a better life for you and your entire family.

Jesse Hall and the attorneys at Twin Cities Law Firm strongly believe that a person’s worst mishap in life should not be the standard by which others judge that person’s current value and dependability.  Contact Attorney Jesse Hall to determine your legal option for expunging and sealing any or all of you prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

For detailed information on Juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.

Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number three, Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3.

In Minnesota, a person is allowed to expunge “all records relating to an arrest, indictment, or information, trial, or verdict if … all pending actions or proceedings were resolved in favor of the petitioner.”  Minn. Stat. § 609A.02, Subd. 3.  There are some exceptions to this, but this is the general rule.  Thus, under Minn. Stat. § 609A.02, Subd. 3, a judge may not seal/expunge a “guilty verdict” or actual conviction on a person’s record.  It cannot be expunged because, as the statute states, the case must have been resolved “in favor” of the petitioner, and a criminal conviction is never deemed to be in ones favor.  This is also true of cases where a judge vacates a guilty plea and conviction after a stay of imposition – this is not a case resolved in favor of the petitioner.

An example of a permissible expungement of a record (i.e., a record that may be expunged) is a “not guilty” jury verdict, which can be expunged, and all matters related to it can be sealed from the public (and with a few exceptions).

Further, under Minn. Stat. § 609A.02, Subd. 3, the petitioner (i.e., the person who is asking the court to seal the record) is presumptively entitled to expungement.  Under Minn. State § 609A.03, Subd. 5(b),

…if the petitioner is petitioning for the sealing of a criminal record under § 609A.02, Subd. 3, the court shall grant the petition to seal the record unless the agency or jurisdiction whose record would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.

Minn. State § 609A.03, Subd. 5(b).

A judge should grant a petition to expunge a person’s record under Minn. Stat. § 609A.02, Subd. 3, when there is no agency or jurisdiction that can prove by clear and convincing evidence that (1) its records will be affected by the expungement and sealing of the record;  and (2) the interests of the public and public safety are so great that they outweigh all the disadvantages to the petitioner if the petitioner’s record is not sealed (e.g., suffering the loss of housing, not being able to get a job, getting fired from ones place of employment, getting kicked out of school, suffering ridicule or embarrassment in social clubs, being ostracized from ones place of worship, infliction of emotional stress psychological distress (like pain and suffering), being disliked by ones friends or family, being denied certain rights or privileges (like state licenses or permits necessary to you), etc.

A judge should deny a petition to expunge a person’s record under Minn. Stat. § 609A.02, Subd. 3, when an agency or jurisdiction whose records would be affected has provided clear and convincing evidence that the interests of the public and public safety are so greatly harmed, such that the harm outweighs all of the many disadvantages suffered by a petitioner whose record is not sealed by the court.

Removing Criminal History

Contact Attorney Jesse Hall to arrange your NO-OBLIGATION consultation today:  612-293-5245.
Jesse Hall is an attorney who is very experienced in the complicated world of criminal expungement here in Minnesota.  But more importantly, as an attorney Jesse Hall knows the importance of criminal expungement and the dramatic and positive effect it can have upon a person who has their record expunged.  Because of this, Jesse Hall will fight for you and your right to be free of your past conviction once and for all!  Past convictions are often a result of a person’s bad decision making and/or poor judgement – we at Twin Cities Law Firm truly believe that most people make such poor decisions either out of a concern for others (e.g., to obtain money to feed their children or to pay the rent) or because the person was struggling with their own problems  at the time of the offense (e.g., addiction or mental illness).  Regardless of the reason you have been convicted of a criminal offense, Twin Cities Law Firm and Attorney Jesse Hall is prepared to fight for your right to be finally free of the stigma and discrimination that results from any criminal conviction being on a person’s criminal history record.  Don’t let others unfairly judge you for something that happened in your past and for which you have paid the price many times over.

Contact Attorney Jesse Hall to determine your legal option for expunging and sealing any or all of you prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

For detailed information on Juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.

Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.

There are six circumstances of criminal conviction expungement and sealing of record:

1. Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
2. Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
3. Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
4. Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
5. Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority; and
6. Expungement of Petty Misdemeanor Convictions Under Minnesota Law.

In this section, we will discuss number two, Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2.

In Minnesota, a person is allowed to file a petition under Minn. Stat. 609A.03 in order to expunge a criminal record of conviction that was obtained against a juvenile who has been certified for adult prosecution.  Minn. Stat. § 609A.02, Subd. 2.  This is allowed only when the petitioner has been discharged from the custody of the Commissioner of Corrections or the successful completion of probation.  Minn. Stat. § 609A.02, Subd. 2.

A petition under Minn. Stat. § 609A.03 requires (among other things) that “expungement of a criminal record…be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety.”  Minn. Stat. § 609A.03, Subd. 5(a).  It is worth noting, however, that there is the additional requirement of Minn. Stat. § 152.18, subd. 1, which requires any disposition resulting in discharge and dismissal under this section to be a “not public record,” subject to inspection only for certain specifically delineated exceptions.

The Minn. Stat. § 609A.02, Subd. 2, cases involving juveniles prosecuted as adults should (or may) be granted only if (a) the case was not resolved in favor of the petitioner) but (b) the court balances five different factors to decide whether expungement should be granted:

1.  Whether the petitioner suffers employment and housing difficulties caused by the record of conviction;

2.  The seriousness of the offense;

3.  The public’s “right to know” about the conviction;

4.  The petitioner’s efforts at rehabilitation;  and

5.  Whether the petitioner suffers any other objective hardships as a result of the record of conviction.

In conducting this balancing test, the court should focus on whether the petitioner has shown by clear and convincing evidence that the advantages to the petitioner from sealing the record are commensurate with the burden to the public and public safety, as set forth under Minn. Stat. § 609A.03, Subd. 5(a).  The Minn. Stat. § 609.A.02, Subd. 2, cases should be denied only when petitioner has not shown by clear and convincing evidence that the advantages to the petitioner from sealing the record are commensurate with the burden to the public and public safety.  See Minn. Stat. § 609A.03, Subd. 5(a).

Attorney Jesse Hall at Twin Cities Law Firm, LLC
Contact Attorney Jesse Hall to arrange your NO-OBLIGATION consultation today:  612-293-5245.
Jesse Hall is an experienced criminal record expungement attorney in Minnesota.  He will fight for your right to be free of your past.  Every person makes mistakes.  Not every person’s mistakes follow them through life ready at every turn to ruin your efforts to make a better life for you and your family.  As an attorney and as a law firm, Jesse Hall and the attorneys at Twin Cities Law Firm strongly believe that a person’s worst mishap should not be the standard by which they are judge by others.  Contact Attorney Jesse Hall to determine your legal option for expunging and sealing any or all of you prior criminal convictions.  Your record is worth it, and you deserve to have people judge you by your current actions – not your past!

For detailed information on Juvenile records in Minnesota, please go to Minnesota Juvenile Law Attorney.