Have you ever heard the term “expungement” and wondered what does that mean?  If so, then maybe this quick overview will help.

The term expungement is generally used when referencing the act of sealing a person’s criminal records.  For instance, you were charged criminally in Minnesota that was never adjudicated.  In fact, the case was eventually dismissed by the State of Minnesota.  However, you have been applying for new employment and the potential employer is questioning why you have a criminal charge on your background check.  In this case, the accused may seek a court order sealing records and prohibiting disclosure of their existence or their opening except under court order or statutory authority.

What does this mean for the individual seeking the court order?

It means that your criminal record will not be available to the general public.  It does not mean that the records are destroyed or that a law enforcement agency, prosecution or correctional authority may not be able to access the record in the future. 

How do I qualify for an expungement in Minnesota?

In general, Minnesota has established two primary methods to seeking a court order to seal criminal records.  First, an individual may qualify under statutory authority.    Minnesota Statute section 609A states that an expungement of criminal records may be permissible if:

(1)   the charges were dismissed, your were found not guilty, or the case did not otherwise result in a conviction,

(2)   you were charged with a controlled substance offense and the proceedings have been dismissed and discharged,

(3)   you were a juvenile prosecuted as an adult, or

(4)   the Board of Pardons has granted you a pardon extraordinary.

Alternatively, if you do not qualify under Minn. Stat. section 609A, then you may ask the court to exercise its inherent authority an issue a court order sealing your criminal records.  It is important to note that this is seldom granted and usually only applies to lower level crimes.  The individual seeking this type of expungement in Minnesota must also persuade the court that the individual has undergone rehabilitation and that the benefit outweighs the disadvantage to the public and the burden on the court.  More importantly, an order expunging (sealing) a conviction may provide only for expungement of the record held by state courts and may not expunge records held by state of local law enforcement and prosecution agencies.

Other important information to consider before seeking an expungement in Minnesota?

I hope this brief overview has helped explain a few questions.  If you are considering an expungement of your criminal record in Minnesota, then you may want to start at www.mncourts.gov under Self-Help.  However, if you have additional questions or concerns, please make sure you seek out legal counsel to assist you in the endeavor.

If you have ever considered seeking an expungement (sealing) of your criminal record in Minnesota or have questions or comments, please do not hesitate to contact this office!