Cameron Miranda
In Minnesota, misdemeanors can be expunged under certain conditions. The state's Second Chance Law allows for the expungement of criminal records, including misdemeanors, to give individuals a fresh start. The expungement process can vary depending on the type of misdemeanor and the time that has passed since the conviction. While some older cases may be easily expunged, recent convictions can face resistance from the court. Misdemeanor expungement can have a positive impact on various aspects of one's life, such as employment prospects, insurance rates, and educational opportunities. However, it is important to note that the process may be more successful with the assistance of an attorney.
| Characteristics | Values |
|---|---|
| What can be expunged? | Petty misdemeanors, traffic, and criminal cases |
| What felonies can be expunged? | Low-level felonies, gross misdemeanors, and misdemeanors |
| Examples of expungeable felonies | Title fraud, passing counterfeit checks, writing a dishonored check exceeding $250, using a scanner illegally, violating gambling regulations, regulated animal control laws, laws governing prize solicitations, and laws that cover precious metal dealers |
| Who can order a criminal record to be sealed? | Only a District Court Judge |
| What does an expungement order do? | Seals criminal records |
| Who can access expunged records? | Court, prosecutors, and law enforcement agencies including police, FBI, immigration, and other agencies in a criminal investigation, prosecution, or for sentencing and probation purposes |
| What factors are considered when sealing a record? | Nature and seriousness of the offense, the length of time since the offense occurred, the steps taken towards rehabilitation following the offense, any aggravating or mitigating factors, participation in the offense, criminal history, and the effect that the criminal record has on the ability to obtain employment, housing, and other necessities of life |
| What is the cost of sealing a record? | If you apply through the Minnesota Attorney General's Office and qualify for expungement, there is no cost. If you apply by preparing and filing a Petition for Expungement directly with the Court, there is a $300 filing fee for each offense or you can ask the Court to waive the fee based on your income |
| Who can deny an application? | Relevant County Attorney's Office, City Attorney's Office or by the Court |
| Reasons for denial | Offense not eligible under Minnesota expungement law, not enough time has passed since discharge from probation, new crimes or serious criminal history |
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What You'll Learn
What misdemeanors can be expunged?
In Minnesota, the process allows for the statutory expungement of almost all misdemeanors and gross misdemeanors, as well as certain felony cases. The Minnesota Statutes, specifically Section 609A.02, Subd. 3(b), outline fifty felonies that can be expunged. If a felony is on this list, it is eligible for statutory expungement, which means that all records can be sealed.
If the felony is not on the list, inherent authority expungement may still be an option. This means that only the court's records are sealed, while other agencies with copies of the record will include a notation stating that the court granted an expungement. It is important to note that this list only applies to felony convictions.
Petty misdemeanors and misdemeanors can be expunged if no new convictions have occurred within two years of the sentence being served. For gross misdemeanors, the waiting period is three years. If a felony conviction is reduced to a misdemeanor upon completion of probation, it can be expunged if there are no new convictions within five years of the sentence being served.
Examples of misdemeanors that can be expunged include traffic offenses, violations of gambling regulations, regulated animal control law violations, and prize solicitation law violations.
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How does expungement work?
In Minnesota, the expungement process allows for the statutory expungement of almost all misdemeanors and gross misdemeanors, as well as certain felony cases. An expungement order seals criminal records, removing them from public view, and mandates the court to treat a conviction as if it never happened.
The first step in the expungement process is to determine eligibility. Minnesota Statutes section 609A.02, subd. 3(b) outlines fifty felonies that are eligible for expungement. If the felony is on this list, it can be considered for statutory expungement, meaning all records can be sealed. If the felony is not on the list, an inherent authority expungement may still be possible, but only the court's records will be sealed, and other agencies with copies of the record will make a notation stating that the court granted an expungement. This list only applies to felony convictions.
If you were arrested but not charged, the charges were dismissed, you were found not guilty, or the case did not result in a conviction, you may not need to file a Petition for Expungement. In such cases, you can contact the arresting agency or the Minnesota Bureau of Criminal Apprehension to have the record sealed. However, you must still complete the necessary documents and provide information about any prior or pending criminal charges.
If you are seeking to expunge a conviction, you must first ensure that the conviction qualifies for expungement under Minnesota law. Petty misdemeanors, misdemeanors, and gross misdemeanors are eligible for expungement in Minnesota. Additionally, certain felony convictions may be considered for inherent authority expungement, although this does not vacate or eliminate the conviction.
Once you have determined that your case is eligible for expungement, you can apply for expungement through the Minnesota Attorney General's Office's Statewide Expungement Program at HelpSealMyRecord.org. The Office will review your application and criminal history and determine if any offenses are eligible for expungement. If eligible, the Office will contact the prosecutor to seek their agreement. If the prosecutor agrees, no further action is required from you, and the Office will work with the prosecutor to expunge the record. However, if the prosecutor or any other agencies oppose your petition, a judge will review your case and make a final decision on granting or denying the expungement.
It is important to note that expungement processes vary from state to state, and the information provided here is specific to the state of Minnesota.
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How long must you wait?
In Minnesota, misdemeanors, gross misdemeanors, and certain felonies can be expunged. The waiting period for expungement depends on the nature of the crime and the type of expungement sought.
Misdemeanor Expungement
If you have completed a misdemeanor conviction sentence and have not been convicted of another crime for at least two years, you are eligible for a misdemeanor expungement under Minnesota law.
Petty Misdemeanor Expungement
Petty misdemeanors and traffic cases fall under Minnesota's judicial branch and can be expunged in the same way as misdemeanors.
Felony Expungement
The waiting period for felony expungement depends on the nature of the felony and the type of expungement sought.
Statutory Expungement
Statutory expungement allows for the sealing of all records related to a conviction. Minnesota Statutes section 609A.02 outlines fifty felonies that are eligible for statutory expungement. To qualify for statutory expungement, individuals must not have been convicted of a new crime for at least four years since their discharge from the sentence.
Inherent Authority Expungement
If a felony is not on the list of eligible offenses for statutory expungement, it may still be considered for inherent authority expungement. In this case, only the court's records are sealed, while other agencies that possess a copy of the record will put a notation stating that the court granted an expungement.
Stays of Imposition on Felonies
If a felony conviction is reduced to a gross misdemeanor or misdemeanor upon the successful completion of probation, the record can be expunged as long as the individual has not been convicted of another crime for at least five years since their discharge from the sentence.
It is important to note that convictions for offenses that require registration as a predatory offender are not eligible for expungement in Minnesota.
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What offences can't be expunged?
Minnesota allows the statutory expungement of almost all misdemeanors and gross misdemeanors, as well as specific felony cases. However, not all felony convictions are eligible for expungement. Minnesota Statutes section 609A.02, subd. 3(b) outlines fifty felonies that can be expunged under the Minnesota expungement statute. If a felony is not on this list, it may still be eligible for inherent authority expungement, which means that only the court's records will be sealed. Other agencies with copies of the record will add a notation stating that the court granted an expungement.
Crimes that require registration as a predatory offender, such as murder or kidnapping, are not eligible for expungement. Additionally, if a felony conviction has been reduced to a misdemeanor through probation, this does not necessarily make it expungeable.
Some of the felony offenses that can be expunged in Minnesota include fraudulent offenses such as falsifying a title certificate, title fraud, altering a livestock certificate, and promulgating a false landing bill. Filing a false public assistance application, passing counterfeit checks, writing a dishonored check exceeding $250, and using a scanner illegally are also eligible for expungement.
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Who can see records after expungement?
In Minnesota, an expungement order seals criminal records, removing them from the public record. This means that, in most cases, only law enforcement and criminal justice agencies will be able to access these records.
The specific agencies that can access expunged records include the police, FBI, immigration, and other agencies involved in criminal investigations, prosecutions, or sentencing and probation. These records can also be accessed by other state agencies if you apply for certain jobs or occupational licenses.
Expunged records will not appear on standard background checks, but they can still be used by the state as a prior offense when charging or sentencing for a new offense. This means that, while the public will not generally have access to these records, they can still impact your ability to obtain certain licenses or employment and may be considered in sentencing for future offenses.
It is important to note that the process of expungement in Minnesota allows for the statutory expungement of misdemeanor and gross misdemeanor cases, as well as specific felony cases. The specific felony offenses that qualify for expungement are outlined in Minnesota Statutes, and some cases may be eligible for inherent authority expungement, which seals court records but does not remove records held by other agencies.
In summary, while expungement in Minnesota seals criminal records from public view, they remain accessible to law enforcement, criminal justice agencies, and certain state agencies in specific circumstances, such as employment or licensing applications.
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Frequently asked questions
Petty misdemeanors, gross misdemeanors, and misdemeanors can be expunged in Minnesota. Examples include possession of a controlled substance, DUI, domestic abuse, and petty theft.
Expungement seals criminal records, prohibiting their disclosure, acknowledgement, or access by the public. However, courts, prosecutors, and law enforcement agencies can still access these records for specific purposes.
Factors considered include the nature and seriousness of the offense, the time since the offense, rehabilitation steps taken, aggravating or mitigating factors, participation in the offense, criminal history, and the impact of the record on obtaining employment or housing.
