How to Get a Felony Expunged in Minnesota

It’s important to note that the laws concerning expunging a felony in Minnesota have evolved rapidly over the past few years. One such piece of legislation that was passed was the Clean Slate Act. The Clean State Act is a landmark policy that automates the sealing of eligible arrest or conviction records, giving many Minnesotans a second chance.

The legislation went into effect starting January 1, 2025. The law will seal records for individuals who meet specific criteria, such as staying crime-free for a designated period. This streamlined process removes bureaucratic barriers like filing petitions, finding legal support, and paying court fees.

The Minnesota Bureau of Criminal Apprehension (“BCA”) is the state agency responsible for maintaining records and processing automatic expungements. The BCA will notify each arresting and citing law enforcement agency when expungement relief is granted.

The BCA also ensures that while expunged records are sealed from public access, they remain accessible to courts, prosecutors, and law enforcement agencies for legal and investigative purposes.

The new laws also allow for the sealing of some felony convictions upon meeting certain conditions. It’s important to understand the differences between criminal charges and convictions before you can fully grasp expunging a conviction in Minnesota.

A criminal conviction is essentially a formal judgment of guilt that is entered by a court. A criminal conviction on a person’s record can impact their life in many ways, including their:

• Ability to secure or maintain employment
• Right to obtain professional licensing
• Ability to secure housing, as landlords often check criminal records and may deny rental applications based on criminal charges or convictions
• Ability to obtain an education, as some academic institutions may refuse admission or deny financial aid to individuals with criminal records
• Right to vote in local or national elections
• Right to obtain or carry a firearm

Criminal convictions can also affect numerous other areas of a person’s life, in addition to what’s listed above. As such, even if a criminal case does not result in a formal conviction, the record of the person’s arrest and accompanying criminal prosecution will generally remain on that person’s criminal record. In turn, this will impact their life similarly to a formal conviction.

This is why Minnesota allows individuals who were not convicted to seek an expungement, including people who had a felony charge. In general, the felony expungement process involves first obtaining a Certificate of Eligibility from the Minnesota Bureau of Criminal Apprehension (“BCA”).

That certificate verifies that you meet the criteria for expungement based on your criminal history and the specifics of your case. It’s often recommended to also consult with an attorney to help navigate the legal complexities of the expungement process.

Factors Influencing Felony Expungement

Several different factors may influence a person’s ability to obtain a felony expungement in Minnesota, including:

• Type of Felony: Only certain felonies may be eligible for expungement, while others are not. Typically, violent crimes, sex offenses, and other serious felonies do not qualify for expungement
• Time Since Conviction: The amount of time that has passed since the conviction can impact eligibility, as there is often a required period during which the individual must maintain a clean record
• Prior Convictions: A person’s past criminal history plays a significant role
  • Individuals with multiple felony convictions or a history of repeated offenses may find it more challenging to obtain an expungement
• Completion of Sentence: All terms of a person’s sentence, including probation, parole, fines, or restitution, must be completed before applying for expungement
• Behavior Since Conviction: Demonstrating rehabilitation and good behavior since the conviction can positively influence a court’s decision to grant an expungement
• Impact of the Conviction: Showing how the felony conviction has negatively affected one’s life, such as difficulties in obtaining employment, housing, or education, may also persuade a court to grant an expungement

Understanding all of the above factors is crucial for navigating the process of obtaining a felony expungement in Minnesota.

Which Felonies Can Be Expunged?

As previously stated, only specific non-violent and less severe felonies qualify for expungement in Minnesota. Felony charges that are commonly eligible for expungement include:

• Non-violent drug possession cases where the individual has completed any mandatory treatment programs and maintained a clean record are eligible
• Non-violent theft charges, such as shoplifting or petty theft, are also eligible if restitution has been made and any probationary periods have been successfully completed
• Certain types of non-violent fraud, including credit card fraud or check fraud, qualify provided restitution has been made and the individual has shown rehabilitation
• Non-violent forgery charges, such as forging a signature on a document where no significant harm was caused to others, may also be eligible for expungement

It is important to note that violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement in Minnesota.

The Process of Expunging a Felony

The general process of expunging a felony charge in Minnesota involves the following steps:

• Obtain a Background Check: First, you must obtain a copy of your criminal record from the Minnesota Bureau of Criminal Apprehension to review your eligibility for expungement
• File a Petition: You need to file a petition for expungement in the district court where the charge was originally filed, being sure to ensure that you include all required documents and provide detailed information about the conviction and your rehabilitation
• Serve Notice: You must serve a copy of the petition and notice of hearing to the relevant agencies, including the prosecutor’s office, law enforcement agencies, and the Minnesota Bureau of Criminal Apprehension
• Schedule a Hearing: The court will schedule a hearing to review your petition
  • You will receive a notice with the date and time of the hearing
• Prepare for the Hearing: Prepare to present your case at the hearing, providing evidence of rehabilitation and demonstrating how the expungement is in the best interests of justice
  • The prosecutor and any other relevant parties may also present arguments for or against the expungement of your crime
• Final Decision: After reviewing your petition and hearing arguments, the judge will then make a final decision on whether to grant the expungement

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

No, expunging a felony in Minnesota does not mean it is totally erased from your record. Instead, an expunged record is sealed from public view. This means that most people and employers won’t be able to see the conviction. However, certain government agencies, such as law enforcement and the courts will still have access to it for future legal and investigative purposes.

Which Felonies Are Not Eligible for Expungement?

The law that outlines which felonies are not eligible for expungement in Minnesota is Minnesota Statutes Section 609A.02, Subdivision 3(b). That statute lists specific felonies that are not eligible for expungement, even if certain conditions are met. These typically include:

• Felony Assault
• Felony DUI
• Felony Domestic Assault
• Felony Burglary
• Felony Criminal Sexual Conduct
• Felony Murder
• Felony Kidnapping
• Felony Prostitution
• Felony False Imprisonment
• Felony Indecent Exposure

Additionally, any felony that requires registration on the state’s sex offender list is also not eligible for expungement.

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged with or convicted of a felony and are considering seeking expungement in Minnesota, it’s advisable to consult with a Minnesota expungement lawyer. LegalMatch can help you set up an initial consultation with a local Minnesota lawyer.

An expungement lawyer can assist you in understanding Minnesota’s specific laws on felony expungement, ensuring that you meet the eligibility criteria. They will also be able to help you file the necessary legal documents and represent you in any in-person court hearings.