What is an Expungement?
There are two types of expungement. A statutory expungement may seal all records. An inherent authority expungement may expunge judicial (court) records only. Most of the time, inherent authority expungement will not seal BCA, police, or prosecutor’s records.
What Can Be Expunged?
The Minnesota expungement statute allows for statutory expungement of the following:
- First time drug offenses (if dismissed after successful completion of a diversion program)
- Cases where a juvenile was prosecuted as an adult
- Cases “resolved in the petitioner’s favor”
- Cases where the petitioner completed a diversion program or received a stay of adjudication
- Petty misdemeanors, misdemeanors, and gross misdemeanors, after a waiting period, and if petitioner has received no new convictions during the waiting period (see more below)
- Some felonies, after a waiting period, and if petitioner has received no new convictions during the waiting period (see more below). These felonies are listed (enumerated) in the expungement statute.
- Juvenile records may be expunged at any time if the court determines that the benefit to the petitioner outweighs the detriment to the public and public safety and the burden on the court in issuing, enforcing, and monitoring an expungement order.
Non-enumerated felonies (except crimes that require sex offender registration) may be eligible for inherent authority expungement only.
Get a Free Case Evaluation
We are here to help. Let us evaluate your case for you. Free of charge – no obligation. Complete our free case evaluation form or call us directly at (651) 323-2464.
Recent Blog Posts
Minnesota state legislators just released their proposal to legalize marijuana in the State of Minnesota. With DFL control of the House, Senate and Governor’s office, legalized marijuana is likely to become the law in some form. It still has hurdles to get through,...
Sieben Edmunds Miller PLLC is excited to announce that we will offer Free criminal expungement legal services to those who have lost their job due to the COVID-19 Pandemic. Thousands of Minnesotans live under a cloud because of a past mistake. While many individuals...
We are excited to announce that Samuel Edmunds has been selected by Minnesota Lawyer as an Attorney of the Year! Only a handful of candidates are selected for this honor each year. Sam was nominated for his significant service to the profession as a leader of the...