Expunging a Criminal Record in Minnesota (2026)
Reviewed by DocDraft Legal Team · Minnesota · Last updated August 19, 2026
There is no general federal expungement of a Minnesota conviction; record-clearing is set by state law. Minnesota calls its relief 'expungement' under Minnesota Statutes Chapter 609A, and an expungement order seals the record from public view rather than physically destroying it, so law enforcement, courts, and certain licensing agencies can still access it. You can ask a court to expunge eligible arrests, dismissals, diversions, and many petty misdemeanor, misdemeanor, gross misdemeanor, and lower-level felony convictions after a crime-free waiting period under Minnesota Statutes 609A.02 and 609A.03. Since January 1, 2025, Minnesota also automatically seals many eligible records with no petition under the Clean Slate Act, Minnesota Statutes 609A.015. The Minnesota Bureau of Criminal Apprehension maintains the state criminal history record.
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What are you trying to clear?
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What record-clearing relief does Minnesota offer and what is it called?
Minnesota calls it 'expungement' under Chapter 609A. An expungement order seals the record from public view rather than destroying it, so courts, law enforcement, and some licensing agencies can still see it. Relief comes two ways: a petition to the district court and automatic Clean Slate sealing by the state.
What convictions are eligible to expunge in Minnesota and what is the waiting period?
Petition expungement under Minnesota Statutes 609A.02 covers eligible petty misdemeanors and misdemeanors after 2 crime-free years since sentence discharge, gross misdemeanors after 4 years, and a defined list of lower-level felonies after 5 years (4 years for certain drug felonies under 152.025).
Can you expunge a felony conviction in Minnesota?
Some felonies, yes. Minnesota Statutes 609A.02 lists specific eligible lower-level felony offenses that can be expunged by petition after 5 crime-free years since discharge. Serious and violent felonies, and offenses requiring predatory-offender registration, are excluded. An attorney can confirm whether your specific felony is on the eligible list.
Does Minnesota have automatic 'clean slate' expungement?
Yes. The Clean Slate Act, Minnesota Statutes 609A.015, took effect January 1, 2025. The Bureau of Criminal Apprehension automatically seals eligible dismissals, diversions, and many petty misdemeanor, misdemeanor, gross misdemeanor, and lower-level felony convictions after crime-free waiting periods, with no petition or filing fee required.
Who is eligible for Minnesota's automatic Clean Slate expungement?
Under Minnesota Statutes 609A.015, records resolved in the person's favor, dismissed after diversion, or dismissed under drug-diversion 152.18 qualify, plus eligible convictions after crime-free waits: 2 years for petty misdemeanors and misdemeanors, 3 years for gross misdemeanors, and 4 to 5 years for qualifying lower-level felonies.
Minnesota Expungement Under Chapter 609A and the Clean Slate Act (609A.015)
Minnesota's record-clearing relief is 'expungement' under Minnesota Statutes Chapter 609A, and it seals rather than destroys the record, so law enforcement, the courts, and some licensing and background-check agencies retain access. Two paths exist. The petition path runs through the district court in the county where the case was filed under Minnesota Statutes 609A.03: eligible petty misdemeanors and misdemeanors can be sought after 2 crime-free years since sentence discharge, gross misdemeanors after 4 years, and a specific statutory list of lower-level felonies after 5 years, with a 4-year wait for certain drug felonies under section 152.025. Records resolved in the petitioner's favor, such as dismissals and acquittals, generally have no waiting period. Categorically excluded from felony expungement are serious and violent offenses and crimes requiring predatory-offender registration. Since January 1, 2025, the Clean Slate Act, Minnesota Statutes 609A.015, adds automatic expungement: the Minnesota Bureau of Criminal Apprehension, which maintains the statewide criminal history record, proactively identifies and seals eligible dismissals, completed diversions, and qualifying petty misdemeanor, misdemeanor, gross misdemeanor, and lower-level felony convictions after crime-free waits of 2, 3, 4, and 5 years respectively, with no petition and no filing fee. Automatic relief covers a narrower list of offenses than the petition path, so a petition remains the route for records the BCA does not seal on its own.
Relevant Laws
Petition to Expunge Criminal Records (Minnesota Statutes 609A.03)
Sets out the procedure for a court-ordered expungement: where to file the petition, who must be served (the prosecutor and agencies holding the record), the notice period before the hearing, and the factors the district court weighs in deciding whether to seal the record.
Grounds and Waiting Periods for Expungement (Minnesota Statutes 609A.02)
Lists what is eligible for petition expungement and the crime-free waiting periods since sentence discharge: 2 years for petty misdemeanors and misdemeanors, 4 years for gross misdemeanors, and 5 years for listed lower-level felonies (4 years for certain 152.025 drug felonies).
Automatic Expungement, Clean Slate Act (Minnesota Statutes 609A.015)
Effective January 1, 2025, this law directs the Bureau of Criminal Apprehension to automatically seal eligible dismissals, completed diversions, and qualifying petty misdemeanor, misdemeanor, gross misdemeanor, and lower-level felony convictions after crime-free waiting periods, with no petition or filing fee.
No General Federal Expungement of Minnesota Records
There is no general federal statute to expunge a Minnesota state conviction; record-clearing is governed by Minnesota's own Chapter 609A. Chapter 609A collects Minnesota's expungement provisions, and the definitions and scope of relief are set in Minnesota Statutes 609A.01.
Regional Variances
Minnesota Expungement Eligibility Table (Chapter 609A)
Relief type and name
Minnesota calls its relief 'expungement' under Chapter 609A. It seals the record from public view rather than destroying it; law enforcement, courts, and some licensing agencies retain access. Two tracks exist: a court petition under 609A.02 and 609A.03, and automatic sealing under the Clean Slate Act, 609A.015.
Eligible records (petition, 609A.02)
Cases resolved in the petitioner's favor, including dismissals and acquittals, and diversions and stays of adjudication that were completed; plus eligible petty misdemeanor, misdemeanor, gross misdemeanor, and a statutory list of lower-level felony convictions. Records resolved in your favor generally have no waiting period.
Waiting period by offense class (petition)
Measured in crime-free years since discharge of the sentence under Minnesota Statutes 609A.02: petty misdemeanor and misdemeanor 2 years; gross misdemeanor 4 years; listed lower-level felonies 5 years; certain drug felonies under section 152.025 4 years. No new conviction is allowed during the waiting period.
Automatic Clean Slate sealing (609A.015, effective Jan 1 2025)
The Bureau of Criminal Apprehension automatically seals eligible records with no petition or fee: cases resolved in the person's favor, dismissals after diversion or under 152.18, and qualifying convictions after crime-free waits of 2 years (petty misdemeanor and misdemeanor), 3 years (gross misdemeanor), and 4 to 5 years (qualifying lower-level felonies).
Excluded offenses
Serious and violent felonies, offenses requiring predatory-offender registration, and other offenses not on the eligible statutory list cannot be expunged under 609A.02. The automatic Clean Slate list under 609A.015 is narrower than the petition list, so some records must still be cleared by filing a petition.
Clean-slate status
Yes. Minnesota is a Clean Slate state under Minnesota Statutes 609A.015, effective January 1, 2025. Automatic sealing is handled by the Bureau of Criminal Apprehension on a rolling basis, but eligibility is limited, so the petition path under 609A.02 and 609A.03 remains available for records not covered automatically.
Suggested Compliance Checklist
Confirm offense eligibility and the Minnesota waiting period
Before you file days after startingCheck each offense against Minnesota Statutes 609A.02: 2 crime-free years since discharge for petty misdemeanors and misdemeanors, 4 years for gross misdemeanors, 5 years for listed lower-level felonies (4 years for certain 152.025 drug felonies). Confirm the offense is not excluded, such as a serious or violent felony or a registrable offense.
Obtain your Minnesota criminal history record
Early in the process days after startingRequest your statewide criminal history from the Minnesota Bureau of Criminal Apprehension to list every case, disposition, and discharge date. This confirms which records the state may already be sealing automatically under the Clean Slate Act, 609A.015, and which still require a petition.
Prepare the Minnesota expungement petition packet
Before filing days after startingComplete the Minnesota Judicial Branch expungement petition, proposed order, and a memorandum supporting the public benefit of sealing under Minnesota Statutes 609A.03. Name every agency that holds the record, including the BCA and the courts, so the order reaches each one if granted.
File in the correct district court and serve the prosecutor
By the notice deadline before the hearing days after startingFile in the district court for the county where the case was handled and pay the filing fee or request a fee waiver. Serve the county attorney or city prosecutor and all agencies holding the record within the notice period required by Minnesota Statutes 609A.03, then attend the hearing.
Confirm the order reaches the BCA and the record is sealed
After the order is granted days after startingMake sure the signed expungement order is transmitted to the Minnesota Bureau of Criminal Apprehension and every other named agency so the statewide record is sealed, and keep a certified copy. Sealing hides the record from the public but does not erase it. An attorney can help if the prosecutor objects.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm offense eligibility and the Minnesota waiting period | Check each offense against Minnesota Statutes 609A.02: 2 crime-free years since discharge for petty misdemeanors and misdemeanors, 4 years for gross misdemeanors, 5 years for listed lower-level felonies (4 years for certain 152.025 drug felonies). Confirm the offense is not excluded, such as a serious or violent felony or a registrable offense. | - | Before you file |
| Obtain your Minnesota criminal history record | Request your statewide criminal history from the Minnesota Bureau of Criminal Apprehension to list every case, disposition, and discharge date. This confirms which records the state may already be sealing automatically under the Clean Slate Act, 609A.015, and which still require a petition. | - | Early in the process |
| Prepare the Minnesota expungement petition packet | Complete the Minnesota Judicial Branch expungement petition, proposed order, and a memorandum supporting the public benefit of sealing under Minnesota Statutes 609A.03. Name every agency that holds the record, including the BCA and the courts, so the order reaches each one if granted. | - | Before filing |
| File in the correct district court and serve the prosecutor | File in the district court for the county where the case was handled and pay the filing fee or request a fee waiver. Serve the county attorney or city prosecutor and all agencies holding the record within the notice period required by Minnesota Statutes 609A.03, then attend the hearing. | - | By the notice deadline before the hearing |
| Confirm the order reaches the BCA and the record is sealed | Make sure the signed expungement order is transmitted to the Minnesota Bureau of Criminal Apprehension and every other named agency so the statewide record is sealed, and keep a certified copy. Sealing hides the record from the public but does not erase it. An attorney can help if the prosecutor objects. | - | After the order is granted |
Frequently Asked Questions
A petition under Minnesota Statutes 609A.03 requires the standard district court civil filing fee, which is several hundred dollars. If you cannot afford it, you can ask the court to waive the fee through an in forma pauperis application. Some petitions, such as those for cases resolved in your favor, may qualify for a reduced or waived fee. Automatic Clean Slate sealing costs nothing.
A petition-based expungement in Minnesota commonly takes several months from filing to the court hearing and final order, because the statute builds in a notice period for the prosecutor and agencies before the hearing. Automatic sealing under the Clean Slate Act happens without you filing anything, though the Bureau of Criminal Apprehension processes eligible records on a rolling basis.
A Minnesota expungement seals the record from public view, but it is not a full erasure. Law enforcement and the courts can still access sealed records, and certain licensing boards, and agencies handling jobs involving children or vulnerable adults, may still see them by law. Immigration authorities may also access the record. An expungement is not a pardon.
Once a Minnesota conviction is expunged and sealed, it generally does not appear on a routine background check, so for most private employment and housing you are typically not required to disclose it. Some regulated fields, such as licensed positions involving children or vulnerable adults, may still access the record, so an attorney can advise on your specific situation.
Not automatically. A felony conviction in Minnesota triggers a firearms prohibition, and sealing the record under Chapter 609A does not by itself lift that ban. Restoring gun rights after a felony generally requires a separate court process or the passage of the statutory period, and federal firearms law may still apply. Consult an attorney before assuming your firearm rights are restored.
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