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.
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