Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03) in Minnesota: which records can be cleared
Which records Minnesota lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03)
- What it covers
- 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).
- Ways to clear a record
- 2
- Automatic relief
- Yes
Ways to clear a record 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
Clean Slate 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 relief 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
What you can say afterwards
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
Records from when you were under 18
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
In nearby states
- Wisconsin: Expungement (court record of conviction)
- Iowa: Expungement
- North Dakota: Sealing (petition to seal a criminal record); closing nonconviction records
- South Dakota: Expungement (of arrest records); sealing after suspended imposition of sentence
Your next steps in Minnesota
Get your own record
Your record lists each case; you need it to see which remedy fits. Minnesota Judicial Branch — Criminal Expungement and Minnesota Attorney General — Sealing My Criminal Records.
See if enough time has passed
The law sets a wait for each kind of case. Waiting periods.
Start the case
The court decides each request. How to file.
Talk to legal aid
Free help: Volunteer Lawyers Network — expungement help and LawHelpMN — Minnesota legal aid directory and criminal-records fact sheets.
Free help in Minnesota
Questions about clearing a record in Minnesota
What does Minnesota call expungement?
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 I clear a conviction 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.
Will Minnesota clear my record on its own?
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.
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.
Are juvenile records sealed 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 changes after a 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.