Can You Expunge an Assault Record in Minnesota?

Some Minnesota assault records can be sealed, but eligibility depends on the exact offense, case outcome, sentence, and later criminal history. A dismissed charge and an assault conviction require different analysis. Start with the actual court documents rather than a general promise that every record disappears after a set number of years.

What does expungement mean?

The Minnesota Judicial Branch explains that expungement seals records; it does not destroy them. Certain officials, including law enforcement authorities, may still access sealed records for authorized purposes. Some forms of relief require a petition, while others do not.

Before relying on an expungement for a job, housing application, license, or other purpose, ask which records and agencies the relief covers. Do not assume that sealing one court file removes every copy or resolves every legal consequence.

What are the petition waiting periods?

Section 609A.02, subdivision 3, distinguishes several routes:

• A misdemeanor conviction generally requires at least two years without a new conviction after sentence discharge.
• A gross misdemeanor generally requires three years, not four, without a new conviction after discharge.
• Successful diversion or a stay of adjudication has a one-year no-new-charge requirement after completion.
• Listed felony convictions generally use four years without a new conviction after discharge.

Felony assault convictions are not generally included in the listed-felony route. However, the statute separately addresses sentences within misdemeanor or gross-misdemeanor limits and felonies deemed reduced under section 609.13. Those provisions require individualized review. An assault degree alone does not resolve eligibility.

All proceedings resolved in the person’s favor have a separate statutory route. A verdict of not guilty by reason of mental illness is excluded from that definition. The exact disposition matters; eligibility to request relief does not guarantee an order.

Is assault expungement automatic?

Section 609A.015 provides automatic relief for qualifying records, with conditions and exceptions. It separately addresses dismissals and favorable resolutions, diversion, and convictions. Do not assume every assault record needs a petition or that every assault conviction qualifies automatically.

The conviction provisions exclude misdemeanor fifth-degree assault and domestic assault, and exclude gross-misdemeanor fourth-degree assault, fifth-degree assault, and domestic assault. That exclusion from automatic conviction relief does not itself decide eligibility for a court petition. Ask counsel to check the precise statute, subdivision, outcome, and record status.

What should you bring to an eligibility review?

• The court file number and county for each case.
• The complaint, disposition, sentencing order, and discharge information.
• Any diversion, stay-of-adjudication, or probation completion records.
• A complete list of later charges and convictions, including outside Minnesota.
• Any earlier expungement orders or requests.
• The background report or denial letter showing the problem you want to address.

Keep original documents. If a report contains an error, point out the specific entry and bring supporting records. A record correction and an expungement request address different problems.

How does a petition work?

Section 609A.03 sets petition requirements, including sworn information about the case, criminal history, reasons for relief, and rehabilitation. Filing fees may be waived in specified circumstances. Follow the current court forms and instructions for filing, service, and any hearing.

Explain concrete effects of the record, such as an employment or housing denial, and provide accurate supporting documents. An attorney can assess the legal basis, identify records to address, and explain the applicable standard. Representation does not guarantee success.

Discuss your Minnesota assault record

Martine Law can review your records and explain whether a petition or another available process fits your situation. For related information, see our Minnesota assault defense page.

Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling and does not provide legal advice. Tell the team what record you want reviewed and whether an application deadline is approaching.

Contact Martine Law to schedule a consultation. An attorney can explain eligibility, scope, and next steps without promising that every record can be sealed.