More than 70 percent of Americans with criminal records face barriers in accessing employment, stable housing, and other resources. Expungement is a remedy that permanently seals an eligible criminal record – reducing the collateral consequences of contact with the criminal legal system.
Having a criminal record (records of arrests, charges, court proceedings) can impact a person long after their court case is resolved, maybe even for the rest of their life. A record can prevent someone from working in a particular industry, accessing educational opportunities, securing stable housing, and many other life goals.
Criminal records can destabilize individuals, families, and communities, creating long-term boundaries to reintegration into society. These impacts of a record are often called collateral consequences because they are different from the direct consequences of a legal case (ex: paying a fine, incarceration). Expungement can be a tool to help mitigate the effects of collateral consequences.
Expungement is the court process in which a judge orders a criminal record to be sealed and hidden from public view.
This means that the records, while still existing, are not disclosed or opened by courts or government agencies except under special circumstances, such as a court order.
Expungement is particularly beneficial for housing, employment, and educational opportunities as criminal records can be sealed from background checks often conducted by the Department of Human Services.
NOTE: charges don’t have to be commitments or even be processed to be found on these background checks.
The expungement process, though not always easy, is an important way that many people can overcome the difficulties associated with having a criminal record.
Note: Expungements seal records but DO NOT destroy them. The police, law enforcement agencies, FBI, immigration, and other public officials may still see documents from an expunged juvenile delinquency or criminal court case for certain purposes
The process for criminal expungement can be a lengthy one. That is not to discourage anyone, but to educate community members on the necessary steps so that you can be informed when beginning the process, and advocate for change.
The expungement process starts by gathering your records from the courts and the Bureau of Criminal Apprehension (BCA). From there, we recommend meeting with an attorney. You can schedule a consultation with an attorney at the Legal Rights Center, or any number of other community organizations. An attorney will be able to guide you through the application process.
Once the petition (application) is complete, it must be filed with the Court Administrator in the judicial district that has your record. At this time, a fee will be due, unless you qualify for a waiver.
Once a petition is processed, the courts will notify you of your court date. At the court hearing, the judge will decide whether or not your petition will be granted and if your record will be sealed. The entire process often takes at least six months.
Juvenile records:
You are eligible for expungement immediately once you are off court supervision. This means that once you’ve completed probation, or any court ordered program, you are able to start your expungement process.
Adult records:
Eligibility for expungement for adult records depends on a number of factors dealing with the individual’s record.
In order to apply for expungement, you must pay a fee. The fee is for filing the petition for expungement with the court. Minnesota recently raised the expungement application filing fee from $285 to $322 each offense.
You may be able to have the fee waived if you can demonstrate financial hardship or qualify for automatic expungement under the Clean Slate Act. You might qualify to file for a waiver if:
The judicial officer can waive all or part of the court fees in a case, only applying to costs specifically stated in the fee waiver order. Getting a fee waiver does not mean you will never have to pay any costs or a judgement in the case.
Going into effect Jan. 1, 2025, the Minnesota Clean Slate Act passed in 2023 will automate expungements of certain records from a person’s record that in the past would require a petition to the court to order an expungement of the record.
The Clean Slate Act does NOT automatically expunge all criminal offenses. Automatic expungement is only available for petty misdemeanors, some misdemeanors, and some gross misdemeanors, often non-violent offenses (theft, driving without a driver’s license, etc.). Some misdemeanors and gross misdemeanors do not qualify for automatic expungement like DWI, domestic abuse, interfering with emergency calls, stalking, etc.
*** Expunged records from the Clean Slate Act can be used for Department of Human Services background checks ***
In order to qualify for automatic expungement, a person must qualify for one of the following:
Under Minnesota Statute 609A.055, a person is eligible for automatic expungement under the Clean Slate Act for some non-felony offenses. A person is eligible for expungement:
The benefits for expunging a criminal record touch every aspect of an individual’s life – from employment to housing to mental health, expungements can help mitigate and reduce collateral consequences that come with having a criminal record.
While it does not erase convictions, the expungement process helps combat the stigma of past mistakes, prevents discrimination, and allows for civic and community reintegration.
LRC Expungement Form
