Introduction
If you’ve ever been arrested or convicted for assault in Minnesota, that record can follow you for life — affecting your employment, housing, education, and even your personal relationships. But there’s good news: Minnesota law allows certain assault records to be expunged, or sealed from public view.
Expungement offers a fresh start, but it’s not automatic and not available to everyone. At Martine Law, we help clients navigate the complex process of expungement and fight for second chances.
What Is Expungement?
Expungement is a legal process that seals your criminal record, so it’s no longer visible to the public. While law enforcement and certain government agencies may still access the record, most employers, landlords, and background check systems will not.
There are two types of expungement in Minnesota:
- Statutory expungement: Authorized by law and typically stronger
- Inherent authority expungement: Limited to court records only, not executive branch data
Can Assault Charges Be Expunged in Minnesota?
Yes, but it depends on several factors, including:
- The outcome of your case (conviction, dismissal, diversion, etc.)
- The severity of the assault charge (misdemeanor, gross misdemeanor, felony)
- How much time has passed since your case ended
- Whether you’ve had any further legal issues
Types of Assault Charges and Expungement Eligibility
1. Fifth-Degree Assault (Misdemeanor or Gross Misdemeanor)
- If your case was dismissed or resulted in a not-guilty verdict, you can petition for expungement immediately
- If you successfully completed diversion or a stay of adjudication, you may qualify after one year
- If you were convicted, you may qualify for expungement after two years (misdemeanor) or four years (gross misdemeanor) — as long as you’ve had no new offenses
✅ Expungement is often possible
2. Third or Fourth-Degree Assault (Felony)
- Felony assault involving substantial bodily harm or specific victims (like police officers) is harder to expunge
- However, some felony offenses are now eligible for expungement if:
- It’s been five years since sentence completion
- There have been no new crimes
- The offense is listed under eligible felonies in Minnesota Statute § 609A.02
🟡 May be eligible, depending on the charge and your record
3. First or Second-Degree Assault (Severe Felony)
- These involve great bodily harm or use of deadly weapons
- Typically considered violent felonies and not eligible for expungement
❌ Expungement is unlikely
When Are You Eligible for Expungement?
Here’s a general timeline based on your case outcome:
| Case Outcome | Wait Time |
| Acquitted or Dismissed | Immediately |
| Stay of Adjudication / Diversion | 1 year after completion |
| Misdemeanor Conviction | 2 years after completion |
| Gross Misdemeanor Conviction | 4 years after completion |
| Certain Felony Convictions | 5 years after completion |
Factors Courts Consider in Expungement
Even if you’re eligible, the court won’t grant expungement automatically. It will weigh:
- Your criminal history
- How long you’ve stayed law-abiding
- Evidence of rehabilitation
- The hardship caused by your record (employment, housing, etc.)
- The state’s interest in keeping the record public
Having strong legal representation helps frame your case in the best possible light.
How to File for Expungement
You’ll need to:
- Gather court documents related to your case
- Fill out expungement forms, which you can find on the Minnesota Judicial Branch website
- File a petition with the district court in the county where the offense occurred
- Notify all relevant agencies, including law enforcement, prosecutors, and state databases
- Attend a court hearing, where a judge will decide whether to grant the expungement
Working with an attorney can significantly increase your chances of success.
Benefits of Expunging an Assault Record
- Employment: Background checks often disqualify applicants with violent offenses
- Housing: Landlords may reject applicants with criminal records
- Education & Licensing: Some colleges and licensing boards deny applications based on assault records
- Peace of Mind: You don’t have to constantly explain your past or fear being judged by it
What Expungement Does NOT Do
- It does not erase the record completely — certain government entities may still see it
- It does not restore gun rights if they were revoked due to a felony
- It does not undo collateral immigration consequences unless explicitly addressed
Alternatives If You’re Not Eligible for Expungement
If you don’t yet qualify, you may:
- Work on rehabilitation and community service to build a case for future expungement
- Explore pardons, although they’re rare and difficult to obtain
- Ask for charge reduction or record correction, if applicable
Why Work with Martine Law?
Expungement is a powerful tool — but the process is complex and requires careful preparation. At Martine Law, we help clients:
- Review their eligibility
- Draft compelling petitions
- Gather character references and documentation
- Represent them in court hearings
Let us help you clear your record and protect your future.
Final Thoughts
If an old assault charge is holding you back in life, expungement might be the key to moving forward. Whether your case was dismissed or you’ve served your time and made positive changes, you deserve the chance to rebuild your reputation.
Contact Martine Law today to schedule a consultation and start your journey toward a clean slate.