How Will Minnesota’s New Expungement Law Affect Me?

If you have been convicted of a crime in Minnesota, you know that your criminal record can make it difficult to qualify for a job or a secure place to live. You may be wondering about the possibility of having a Minnesota criminal conviction removed from your record. While it is not possible to have a criminal conviction completely removed from your record, there is a process for having the criminal records sealed. This process is called “expungement”. An expungement is a court-ordered sealing of criminal records held by the government, not a destruction of those records.

Expunged records may still be accessed for certain purposes, like future criminal investigations or prosecutions, and for background checks for law enforcement positions. Yet there are many benefits to having a criminal conviction expunged, because the conviction will no longer be visible for rental background checks or non-law-enforcement employment background checks.

Minnesota Governor Mark Dayton signed into law expungement legislation that became effective on January 1, 2015. This expungement law makes it easier to expunge criminal records, and may allow certain individuals with a prior criminal conviction in Minnesota to obtain a fresh start.

According to Minnesota Statutes 609A.01 through 609A.04, as of January 1, 2015, a full expungement, sealing both court and executive records, may be granted in any of the following situations:

1. The criminal record is a result of juvenile delinquency.
2. The case was resolved in favor of the defendant, either by dismissal or acquittal.
3. The case resulted in diversion or a stay of adjudication, and the offender has remained crime-free for one year after completion of the sentence.
4. The case resulted in a petty misdemeanor or misdemeanor conviction, and the offender has remained crime-free for two years after completion of the sentence.
5. The case resulted in a gross misdemeanor conviction, and the offender has remained crime-free for four years after completion of the sentence.
6. The case resulted in a low-level, non-violent conviction for a “specified felony”, and the offender has remained crime-free for five years after completion of the sentence.

With regard to number 6 above, “specified” felonies include, but are not limited to: failure to appear in court; theft of $5,000 or less; theft of $1,000 or less with risk of bodily harm; receiving stolen goods; certain domestic violence charges; and criminal damage to property. For a complete list of potentially eligible felonies under this new law, click here.

The chance of obtaining an expungement for any particular case depends on the exact disposition of that case. In cases where the defendant received a dismissal, continuance for dismissal, or acquittal, Minn. Stat. § 609A.03 subd. 5(b) states that the court “shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public safety outweigh disadvantages to the petitioner of not sealing the record.”

In cases where the defendant/petitioner has successfully completed the terms of a diversion program or a stay of adjudication, and has not been charged with a new crime for at least one year since completion of the diversion program or the conditions of the stay of adjudication, the same standard is used as in the previous paragraph.

In all of the cases described in the two preceding paragraphs (dismissal, continuance for dismissal, acquittal, or successful completion of the terms of a diversion program or a stay of adjudication followed by a one-year crime-free period) the burden is on the State to prove to the court why an expungement should not be granted. If the State fails to meet this burden, then the defendant’s records will be sealed/expunged.

If, however, the criminal case resulted in a petty misdemeanor, misdemeanor, gross misdemeanor, or felony conviction (and the defendant has remained crime free for the time periods referenced in numbers 4, 5, and 6 above) then the burden shifts to the defendant/petitioner and the expungement will be granted by the court “…only upon a clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of (1) sealing the record; and (2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.” Minn. Stat. § 609A.03, subd. 5(a).

Keep in mind that the court still has “inherent power” to expunge crimes above and beyond what is described here.

This blog is written only for the purposes of describing the “statutory expungement” possibilities in Minnesota.

If you have a criminal conviction in Minnesota that you would like to expunge, or have any questions about this new law, please contact us for a free initial consultation.