The Minnesota Second Chance Expungement Gap
The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.
Summary of the Law
- Sealing if petty misdemeanor or misdemeanor, upon petition, if clean (no convictions) after 2 year waiting-period starting from sentence completion. (§ 609A.02 subd. 3(a)(2)).
- Sealing if gross misdemeanor, upon petition, if clean (no convictions) after 4 year waiting-period starting from sentence completion (§ 609A.02 subd. 3(a)(4))
- Felony: Sealing if listed felony, upon petition, if clean after 5 year waiting-period starting from sentence completion (§ 609A.02 subd. 3(a)(5); (b))
- Not Eligible: Sex registration offenses. § 609A.02 subd. 4; Sec 243.166
- Treatment of multiple convictions from the same Incident: n/a (Guides, CCRC, and statues silent)
- LFO Payment Required for Sentence Completion: n/a. (Guides, CCRC, and statues silent)
Other Unmodeled Criteria or Details:
- All expungements are subject to balancing test defined at § 609A.03, subd. 5(a))
- Common law expungement (defined) is possible for even non-eligible offenses if "constitutional rights" would require it
- Juveniles prosecuted as adults may have their records sealed under this authority upon discharge. (defined at subd. 2).
- Individuals who have completed a deferred adjudication or other diversion program may have the related arrest, indictment, trial, or other records sealed after remaining crime-free for a one-year waiting-period. § 609A.02, subd. 3(a)(2).
- Sealing if the defendant received a stay of prosecution or completed a diversion program if clean for 1 year upon completion of stay.
- Not guilty by reason of mental illness is NOT resolved in Defendant’s favor. § 609A.02, subd. 3(a)(1).
- A felony-to-misdemeanor reduction following deferred sentencing does not reduce the offense for purposes of expungement eligibility.