Clearing a criminal record in Minnesota
In Minnesota it is called expungement (sealing): expungement seals the record; it is not destroyed. Some misdemeanor and felony convictions may be cleared, and Minnesota also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Minnesota?
Expungement (sealing) — In Minnesota, expungement seals the record; it is not destroyed. Sealed records are hidden from the public, but police, prosecutors and courts, and some background studies (such as Human Services and teacher licensing), can still open them.
Minnesota has 2 ways to clear a record. Each covers different records and has its own waiting period.
Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03)
Cases resolved in your favor (dismissal, acquittal), completed diversion or stay of adjudication, petty misdemeanor, misdemeanor and gross misdemeanor convictions, felonies reduced to a misdemeanor or gross misdemeanor, and about 50 listed lower-level felonies (for example 3rd–5th degree drug possession, theft of $5,000 or less, 3rd-degree burglary, forgery, receiving stolen property).
| Kind of case | Waiting period | Counted from |
|---|---|---|
Case resolved in your favor (dismissed or acquitted) | No waiting period You may petition right away; the court must grant it unless the agency proves by clear and convincing evidence that public safety outweighs the harm to you. | The resolution |
Diversion or stay of adjudication | 1 year You may petition after 1 year with no new charge. | Completion of the program or stay |
Petty misdemeanor or misdemeanor conviction | 2 years You may petition 2 years after your sentence is discharged, with no new conviction. | Discharge of the sentence |
Gross misdemeanor conviction | 3 years You may petition 3 years after discharge, with no new conviction. | Discharge of the sentence |
Listed felony (§ 609A.02, subd. 3(b)), or felony 5th-degree drug possession | 4 years You may petition 4 years after discharge, with no new conviction. | Discharge of the sentence |
Other felony reduced to a gross misdemeanor or misdemeanor (§ 609.13) | 5 years You may petition 5 years after discharge, with no new conviction. | Discharge of the sentence |
- Not eligible
- Convictions that require predatory-offender registration can never be expunged. Felonies that are not on the § 609A.02 list (and were not reduced) are not eligible by petition.
Law: Minn. Stat. §§ 609A.02, 609A.03; § 243.166
Source: Official text
Expungement through a pardon (Minn. Stat. §§ 638.12, 609A.035)
Any Minnesota conviction pardoned by the Board of Pardons.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Pardon application | 5 years You may apply for a pardon 5 years after your sentence ends; the Board can waive this for unusual circumstances and special need. | Expiration or discharge of the sentence |
Law: Minn. Stat. §§ 638.12, 609A.035
Source: Official text
When can I file? Waiting periods in Minnesota
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Minnesota
Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03)
File the petition and a proposed order in district court and mail them to the prosecutor and every agency whose records would be affected. The prosecutor notifies victims. A hearing is held at least 60 days after service. For convictions, you must show by clear and convincing evidence that sealing benefits you more than it harms public safety.
- Cost
- $310 civil filing fee.
- If you can't pay
- The fee may be waived if you cannot afford it, and must be waived for cases resolved in your favor.
Law: Minn. Stat. § 357.021, subd. 2(1), as referenced by § 609A.03, subd. 1
Expungement through a pardon (Minn. Stat. §§ 638.12, 609A.035)
When a pardon is granted, the Board files it with the district court, which seals the records without a petition.
Court self-help
Free help in Minnesota
- Volunteer Lawyers Network — expungement help
- LawHelpMN — Minnesota legal aid directory and criminal-records fact sheets
- Minnesota Attorney General — list of expungement clinics · (651) 296-3353
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Minnesota Bureau of Criminal Apprehension (BCA), Criminal History Access Unit) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Minnesota.
Clearing a record in Minnesota by topic
Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03) in Minnesota
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Minnesota
How long you wait for each kind of case, and a date helper.
How to file in Minnesota
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Minnesota
- Law
- Minnesota Clean Slate Act — automatic expungement
- What is cleared
- The BCA seals records without a petition for: cases where all charges were dismissed or resolved in your favor; drug-possession cases dismissed under § 152.18; non-felony diversion or stay of adjudication after 1 year with no new charge; and qualifying convictions after a waiting period with no new conviction and no pending charge — petty misdemeanor and misdemeanor 2 years, gross misdemeanor 3 years, felony 5th-degree drug possession 4 years, other listed felonies 5 years after discharge. Excluded are offenses like DWI, domestic assault, 5th-degree assault, order-for-protection and harassment violations, stalking and indecent exposure, plus several listed felonies. Felonies reduced to a misdemeanor or gross misdemeanor under § 609.13 are not cleared automatically, and automatic sealing does not reach records held by the Departments of Human Services, Health, and Children, Youth, and Families. The BCA checks eligibility within 30 days after the waiting period ends and then yearly; it seals its records 60 days after notifying the courts, which then seal theirs. Under a 2026 amendment, the BCA must unseal a record it later finds did not qualify.
- Started
- January 1, 2025 (grants of relief on or after this date)
- Check your record
- Official status page
Law: Minn. Stat. § 609A.015; § 609A.03, subd. 7a(g); ch. 70
Marijuana records in Minnesota
Non-felony cannabis possession convictions and dismissed or acquitted cannabis charges are expunged automatically by the BCA without a petition. The Cannabis Expungement Board reviews felony cannabis convictions to decide whether to vacate and expunge them or resentence to a lesser offense. People with sealed cannabis records may still get copies, including for immigration.
Law: Minn. Stat. § 609A.055; § 609A.06
Juvenile records in Minnesota
A juvenile court may expunge delinquency records at any time if the benefit to you outweighs the harm to public safety and the burden on agencies; the court considers your age and maturity at the time and the offense. BCA juvenile records are private.
Law: Minn. Stat. § 260B.198, subd. 6; § 299C.095
Pardons in Minnesota
- Who decides
- Board of Pardons (the Governor and the Board), with the Clemency Review Commission
- How
- Apply 5 years or more after your sentence expires or is discharged (waivable). A pardon sets aside the conviction and seals all related records; you need not disclose it except in court or peace-officer licensing.
Law: Minn. Stat. §§ 638.12, 609A.035
After your record is cleared in Minnesota
An expunged record is sealed, and its existence may not be disclosed or opened except by court order or law. It can still be used by criminal-justice agencies for investigation, prosecution and sentencing, for hiring by criminal-justice agencies, and for Human Services and teacher-licensing background studies unless the order specifically covers those agencies.
Law: Minn. Stat. § 609A.01; § 609A.03, subd. 7a
Get your own record in Minnesota
Minnesota Bureau of Criminal Apprehension (BCA), Criminal History Access Unit · 651-793-2400
Search public convictions online (Minnesota Public Criminal History; it shows convictions for 15 years after the sentence ends). For your full record, including records sealed under Clean Slate or the cannabis law, submit a notarized request to the BCA by mail or in person at 1430 Maryland Ave. E., St. Paul, MN 55106, with the fee; LawHelpMN's fact sheet lists $8 by mail.
Letter: ask the state records office for a copy of your record
Good to know in Minnesota
- Minnesota expungement seals records; the law expressly does not allow destroying them.
Law: Minn. Stat. § 609A.01
- BCA conviction data become non-public 15 years after the sentence is completed even without expungement.
Source: BCA Criminal History Information page
- A pardon now automatically leads to a court order sealing the records, with no separate petition.
Law: § 609A.035, 2023
Changes in 2024–2026
Clean Slate automatic expungement (enacted 2023) began granting relief January 1, 2025; § 609A.015 was amended in 2024 and in the 2025 First Special Session. 2026 ch. 70 (H.F. 3827), § 5, adds a rule that the BCA unseals a record later found not to qualify for automatic expungement.
Law: ch. 3
Questions about clearing a record in Minnesota
What is clearing a record called in Minnesota?
Expungement (sealing). In Minnesota, expungement seals the record; it is not destroyed. Sealed records are hidden from the public, but police, prosecutors and courts, and some background studies (such as Human Services and teacher licensing), can still open them.
Can convictions be cleared in Minnesota?
Petition for expungement: Cases resolved in your favor (dismissal, acquittal), completed diversion or stay of adjudication, petty misdemeanor, misdemeanor and gross misdemeanor convictions, felonies reduced to a misdemeanor or gross misdemeanor, and about 50 listed lower-level felonies (for example 3rd–5th degree drug possession, theft of $5,000 or less, 3rd-degree burglary, forgery, receiving stolen property). Expungement through a pardon: Any Minnesota conviction pardoned by the Board of Pardons.
How long do I have to wait in Minnesota?
Case resolved in your favor (dismissed or acquitted): No waiting period, counted from the resolution; Diversion or stay of adjudication: 1 year, counted from completion of the program or stay; Petty misdemeanor or misdemeanor conviction: 2 years, counted from discharge of the sentence; Gross misdemeanor conviction: 3 years, counted from discharge of the sentence.
Does Minnesota clear records automatically?
The BCA seals records without a petition for: cases where all charges were dismissed or resolved in your favor; drug-possession cases dismissed under § 152.18; non-felony diversion or stay of adjudication after 1 year with no new charge; and qualifying convictions after a waiting period with no new conviction and no pending charge — petty misdemeanor and misdemeanor 2 years, gross misdemeanor 3 years, felony 5th-degree drug possession 4 years, other listed felonies 5 years after discharge. Excluded are offenses like DWI, domestic assault, 5th-degree assault, order-for-protection and harassment violations, stalking and indecent exposure, plus several listed felonies. Felonies reduced to a misdemeanor or gross misdemeanor under § 609.13 are not cleared automatically, and automatic sealing does not reach records held by the Departments of Human Services, Health, and Children, Youth, and Families. The BCA checks eligibility within 30 days after the waiting period ends and then yearly; it seals its records 60 days after notifying the courts, which then seal theirs. Under a 2026 amendment, the BCA must unseal a record it later finds did not qualify.
How much does it cost to clear a record in Minnesota?
Petition for expungement: $310 civil filing fee.
Can a marijuana record be cleared in Minnesota?
Non-felony cannabis possession convictions and dismissed or acquitted cannabis charges are expunged automatically by the BCA without a petition. The Cannabis Expungement Board reviews felony cannabis convictions to decide whether to vacate and expunge them or resentence to a lesser offense. People with sealed cannabis records may still get copies, including for immigration.
Can juvenile records be cleared in Minnesota?
A juvenile court may expunge delinquency records at any time if the benefit to you outweighs the harm to public safety and the burden on agencies; the court considers your age and maturity at the time and the offense. BCA juvenile records are private.
What can I say after my record is cleared in Minnesota?
An expunged record is sealed, and its existence may not be disclosed or opened except by court order or law. It can still be used by criminal-justice agencies for investigation, prosecution and sentencing, for hiring by criminal-justice agencies, and for Human Services and teacher-licensing background studies unless the order specifically covers those agencies.
How do I get a copy of my criminal record in Minnesota?
Search public convictions online (Minnesota Public Criminal History; it shows convictions for 15 years after the sentence ends). For your full record, including records sealed under Clean Slate or the cannabis law, submit a notarized request to the BCA by mail or in person at 1430 Maryland Ave. E., St. Paul, MN 55106, with the fee; LawHelpMN's fact sheet lists $8 by mail.
Where can I get free help in Minnesota?
Volunteer Lawyers Network — expungement help, LawHelpMN — Minnesota legal aid directory and criminal-records fact sheets and Minnesota Attorney General — list of expungement clinics.