A DUI (also called DWI in Minnesota) conviction can follow you for years, affecting your job prospects, insurance rates, housing applications, and overall reputation. The good news? In many cases, you can apply to have your DUI expunged in Minnesota — but it depends on the outcome of your case, how long it’s been, and other legal factors.
In this blog, we’ll break down:
- What expungement means in Minnesota
- Who qualifies for DUI expungement
- The types of DUI records that can be cleared
- The step-by-step process
- Why working with an experienced DWI lawyer can make all the difference
What Is Expungement?
Expungement is the sealing of your criminal record from public view. It doesn’t erase the charge, but it limits access to your record by employers, landlords, and the general public. Law enforcement and the courts may still retain access.
In Minnesota, the legal term for this process is “statutory expungement” and it’s governed by Minnesota Statutes § 609A.
Is DUI Eligible for Expungement in Minnesota?
The short answer: Yes, but not always.
You can seek expungement for DUI-related charges only under certain conditions. The court looks at several factors, including the level of the offense (misdemeanor or felony), your record since the incident, and the amount of time that has passed.
Here’s a basic overview:
| Type of DUI Outcome | Expungement Eligibility |
| Dismissed DUI charge | Immediately eligible |
| Stay of adjudication (no conviction) | Eligible after 1 year |
| Misdemeanor DUI conviction | Eligible after 2 years with no new offenses |
| Gross misdemeanor DUI conviction | Eligible after 4 years with no new offenses |
| Felony DUI conviction | Eligible only if the charge is on the list of expungable felonies under § 609A.02 |
Note: First-time DUI offenses are usually misdemeanors or gross misdemeanors and are the most commonly expunged.
What Factors Affect DUI Expungement Approval?
Even if you meet the basic criteria, the court evaluates other elements before granting expungement:
- Time since the conviction
- Your behavior since the DUI
- Other criminal history, if any
- The need for the record to be sealed (such as job requirements or housing issues)
- Whether sealing the record poses any risk to public safety
The judge will weigh your rehabilitation efforts and whether your continued punishment through a public record is fair.
What DUI Records Can Be Expunged?
Expungement can apply to:
- Arrest records
- Booking photos
- Court files
- Prosecutor files
- Department of Corrections and Bureau of Criminal Apprehension records
A successful expungement order directs these agencies to seal the record from public view. Employers conducting background checks will not see sealed items.
How Long Does the Process Take?
Expungement in Minnesota takes 4 to 6 months on average. The timeline includes:
- Preparing your petition and gathering documents
- Filing with the court
- Notifying all relevant government agencies
- Attending a court hearing (if required)
- Waiting for the judge’s decision
It’s not an overnight fix — but the long-term benefits make it worth pursuing.
Step-by-Step Guide to Expunge a DUI in Minnesota
Step 1: Review Eligibility
Check your conviction level, date, and any new offenses since the DUI. You may consult a criminal expungement attorney to evaluate your options.
Step 2: Gather Records
You’ll need copies of the criminal complaint, sentencing orders, and evidence of rehabilitation (employment, school, community service, etc.).
Step 3: File the Petition
Submit the official forms available from the Minnesota Judicial Branch. You’ll also need to pay a filing fee unless you qualify for a fee waiver.
Step 4: Serve Agencies
Notify all government agencies involved in your case, including:
- The arresting law enforcement agency
- The prosecutor’s office
- The Minnesota Bureau of Criminal Apprehension
- The Department of Corrections (if applicable)
This step is required and must be done properly for your petition to move forward.
Step 5: Attend a Hearing (If Required)
Not all cases require a hearing, but if the court sets one, you must appear and explain why expungement is justified.
Step 6: Wait for Decision
After the hearing (if any), the court has up to 90 days to make a decision. If approved, agencies have another 60 days to seal the records.
What If Your Expungement Is Denied?
If your petition is denied, you may:
- Appeal the decision to a higher court
- Wait until more time has passed and refile
- Work with an attorney to strengthen your case
A denial isn’t necessarily the end. It may just mean the court needs more compelling reasons to grant the request.
Why DUI Expungement Matters
Getting your DUI record sealed can open doors in many areas of life:
- Employment: Background checks are common even for entry-level jobs
- Housing: Landlords may reject applicants with a criminal record
- Licensing: Professional licenses in health, law, and education can be affected
- Reputation: Clearing your record can restore peace of mind
At Martine Law, we help Minnesotans navigate the expungement process, especially for sensitive matters like DUI charges.
Final Thoughts
Yes — it’s possible to expunge a DUI in Minnesota under the right conditions. Whether your charge was dismissed, resolved with a plea, or resulted in a misdemeanor or gross misdemeanor conviction, you may have a path forward.
The process isn’t automatic or simple, but with time, evidence of rehabilitation, and strong legal support, it can absolutely be done.
If you’re ready to clear your name and move on with your life, contact Martine Law today for a consultation.