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A Minnesota DWI can appear on a background check, but the result depends on the records searched, the case disposition, access rules and any sealing order. A criminal court record, the Bureau of Criminal Apprehension’s public search and a driving record are not interchangeable. Obtain the actual report before deciding what needs correction or legal review.
Why can different background checks show different results?
Minnesota Statutes 13.87 makes specified BCA conviction data public for 15 years after discharge of the sentence. The public BCA website does not include every arrest, out-of-state case, federal record or older conviction. That public-access rule does not mean every record is destroyed when the period ends.
Identify whether the report uses court records, BCA data, driving history or another source. Check the correct person, court file number, offense and disposition. A pending charge is not a conviction, and an incomplete entry may omit a later dismissal or other resolution. Do not assume that one empty search proves every record has been sealed.
Can a misdemeanor or gross misdemeanor DWI be sealed?
Section 609A.02, subdivision 3, permits petitions for qualifying misdemeanor dispositions after at least two years without a new conviction since discharge of the sentence, and qualifying gross misdemeanor dispositions after at least three years. Review the actual sentence and discharge date; counting from the arrest or plea date can produce the wrong answer.
Other dispositions have different rules. Successful diversion or a stay of adjudication has a separate provision requiring completion and at least one year without a new criminal charge since completion. A felony case requires review of the actual conviction, sentence and any later reduction; do not assume eligibility or ineligibility from the original charge alone.
Meeting a filing threshold does not guarantee an order. Section 609A.03 governs the petition process and the court’s decision, including factors such as rehabilitation, the reason for relief and the underlying offense. Ask counsel which agencies’ records the requested order would cover.
Does Clean Slate automatically seal a DWI conviction?
The automatic conviction-sealing provisions in section 609A.015, subdivision 3, exclude fourth-, third- and second-degree DWI convictions. Do not assume a DWI conviction has been sealed automatically because the waiting period has passed. Petition eligibility is a separate question, and a case resolved without a conviction needs its own analysis.
What does expungement change?
The Minnesota Judicial Branch explains that expungement seals records rather than destroying them. Certain officials may still access sealed records for authorized purposes. Obtain the actual order and check its scope instead of relying on a general promise of a clean record.
Ask separately about driving privileges, the driving record, professional reporting requirements and the effect of prior offenses in a later case. Sealing and restoring a license are different questions. For a current charge, see our DWI defense information.
What if a background report is wrong?
- Keep the full report, the date obtained and the company or agency that supplied it.
- Identify the exact incorrect entry rather than disputing the report generally.
- Gather the judgment, dismissal, sentencing discharge or sealing order relevant to that entry.
- Ask the reporting source about its dispute process and keep copies of your submission and response.
- Preserve any application decision and deadline so counsel can evaluate the next step.
Do not assume every employer, licensing board or housing provider applies the same rule. Answer the specific application question accurately and ask about wording you do not understand. See our guide to DWI and employment.
Frequently asked questions
Does a DWI always appear on every background check?
No. The result depends on the records searched, access rules, disposition and any sealing order. Review the actual report.
Does waiting two or three years guarantee expungement?
No. A waiting period can be part of eligibility to petition. The court must still apply the governing requirements to the case.
Does expungement destroy the record?
No. It seals records within the order’s scope, and certain officials may retain access for authorized purposes.
Request a Minnesota DWI record review
Bring your court file number, final disposition, sentence-discharge paperwork, any sealing order and the report causing concern. Contact Martine Law or call (612) 979-1305 to discuss a review. A Director of Client Engagement (non-attorney) can assist with intake and scheduling but does not provide legal advice. An attorney can assess the record and available options; no sealing or application outcome is guaranteed.
Related guides
Related: See our Minnesota expungement and Clean Slate page for what can and cannot be sealed.
This page states Minnesota law and is for general information, not legal advice.
