Minnesota Expungement and Clean Slate Lawyers

Criminal defense services are provided by Minnesota Criminal Defense Attorneys PLLC.

Clean Slate or petition: the short answer

Since January 1, 2025, Minnesota’s Clean Slate law (Minn. Stat. 609A.015) seals many records automatically once a waiting period passes with no new conviction: 2 years for a petty misdemeanor or misdemeanor, 3 years for a gross misdemeanor, 4 years for felony fifth-degree drug possession and 5 years for other eligible felonies. Many offenses are excluded, including DWI, domestic assault and fifth-degree assault. A record that does not qualify may still be sealed by court petition (Minn. Stat. 609A.02 and 609A.03).

Call (612) 979-1305. Phones and chat are answered 24/7, with AI covering when no staff is free. Criminal consultations are free.

Two ways to seal a record in Minnesota

1. Automatic expungement (Clean Slate). The Bureau of Criminal Apprehension (BCA) identifies eligible records and grants relief without a petition. Under Minn. Stat. 609A.015, subd. 5, the BCA makes its first eligibility determination within 30 days after the waiting period ends, then reviews again each year if the record was not yet eligible. You do not file anything and you pay no filing fee.

2. Petition expungement. You file a petition in district court, serve it by mail on the prosecutor and every agency whose records would be affected, and attend a hearing held no sooner than 60 days after service (Minn. Stat. 609A.03, subds. 3 and 4). A filing fee applies. It must be waived when the case was resolved in your favor and can be waived if you cannot afford it (subd. 1).

Records that seal automatically

Offenses excluded from automatic sealing

Some examples (not the full list in Minn. Stat. 609A.015, subd. 3):

• Fourth-degree DWI, and second- and third-degree DWI
• Domestic assault, and fourth- and fifth-degree assault
• Violating an order for protection, a harassment restraining order or a domestic abuse no contact order
• Stalking and interference with privacy
• Gross misdemeanor criminal vehicular operation, and reckless driving causing great bodily harm or death
• Fourth-degree burglary, and certain felony burglary, drug and escape offenses

Clean Slate orders do not reach records held by the Departments of Human Services, Health, and Children, Youth, and Families, and those agencies and the Professional Educator Licensing and Standards Board can still see sealed records for background studies (Minn. Stat. 609A.015, subds. 1, 2 and 4). If you work in health care, child care or teaching, plan for that.

When you need a petition instead

• Your offense is excluded from Clean Slate but fits the petition rules in Minn. Stat. 609A.02, subd. 3: generally 2 years after discharge for a misdemeanor, 3 years for a gross misdemeanor, and 4 or 5 years for eligible felonies, each with no new conviction.
• You want the record sealed now rather than waiting for the BCA review.
• The record has errors, or the BCA has not acted.
• You need records held by human services, health or licensing agencies addressed. Clean Slate orders do not cover them, but a petition can ask (Minn. Stat. 609A.015, subd. 4).

What the judge decides at a petition hearing

• Cases resolved in your favor, completed diversion or a stay of adjudication: the court must grant sealing unless the agency or jurisdiction shows by clear and convincing evidence that the public interest outweighs yours (Minn. Stat. 609A.03, subd. 5).
• Conviction cases: expungement is an “extraordinary remedy.” You must show by clear and convincing evidence that sealing would yield a benefit to you commensurate with the disadvantages to the public. The court weighs listed factors such as the seriousness of the offense, risk to others, time since the offense, rehabilitation, other convictions, input from law enforcement, prosecutors, corrections and victims, unpaid restitution, and your reasons for relief, such as jobs or housing.
• Victims who asked for notice may give a statement at the hearing (subd. 4).
• An expungement order is stayed for 60 days, and affected agencies may appeal within 60 days (subd. 9).

How we handle an expungement

• Pull your full record (court records and BCA criminal history) and confirm each case’s outcome and discharge date.
• Tell you, case by case, whether Clean Slate will cover it and when.
• For petition cases, draft the petition and proposed order, serve every agency, gather evidence of rehabilitation (work, treatment, letters) and argue the hearing.
• Follow up after the order to confirm agencies sealed their records.

Still on probation? Discharge starts the waiting period, so see our probation violation page if a violation is alleged.

Expungement and other consequences

• Firearms: sealing a record does not by itself restore firearm rights. Restoration is a separate process.
• Non-citizens: if you are not a U.S. citizen, federal immigration authorities may still treat an expunged conviction as a conviction. Get immigration advice before relying on a sealed record.
• Voting: in Minnesota, a person with a felony conviction can vote during any period they are not incarcerated for the offense (Minn. Stat. 201.014, subd. 2a). Expungement is not required to vote.

Related: DWI defense, domestic violence charges, gross misdemeanors and felonies.

Talk to us today

Call (612) 979-1305 or request a case review below. Phones and chat are answered 24/7, with AI covering when no staff is free. Criminal consultations are free.

This page is general information, not legal advice for your situation. Contacting Martine Law does not create an attorney-client relationship. Laws, court locations and procedures can change; check your hearing notice.