How long you wait to clear a record in Minnesota
The Minnesota waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
Minnesota law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Petition for expungement (Minn. Stat. § 609A.02, subd. 3; § 609A.03)
- Waiting periods
- 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
When can I file 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.
Clean Slate relief in Minnesota
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.
Law: ch. 70
January 1, 2025 (grants of relief on or after this date)
Law: Minn. Stat. § 609A.015; § 609A.03, subd. 7a(g)
Waiting periods: 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
Source: Official text
Waiting periods: 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
In nearby states
- Wisconsin: Eligible offense, judge ordered expungement at sentencing: No waiting period, counted from successful completion of the sentence
- Iowa: Acquittal or dismissal of all charges: At least 180 days must pass after the acquittal or dismissal, unless the court finds good cause (for example, identity theft or mistaken identity), counted from the judgment of acquittal or order of dismissal
- North Dakota: All charges dismissed or acquitted (order on or after August 1, 2025): No waiting period, counted from the order of dismissal or acquittal
Your next steps in Minnesota
Get your court papers
Your court papers show when the case ended and when your sentence was done.
Read the full rule
Exclusions and new offenses can matter more than the wait.
Get the forms
Once enough time has passed, see how to file. How to file.
Free help in Minnesota
Questions about waiting periods in Minnesota
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.
When can I ask to clear my record 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.
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.
Is there free help to clear a record 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.