Minnesota Expungement: The Process & Legal Standards

Posted on October 3, 2008 by Jason C. Brown

Expungement involves destroying records of arrest, conviction or other information relating to criminal activity in state, county and municipal databases. The Minnesota expungement statutes outline the process. The Minnesota legislature has published a handbook that provides an overview of the expungement process in Minnesota. Most people seek expungement to protect themselves from losing employment opportunities as the result of a prior conviction.

The process begins with the drafting of a Petition to Expunge. Once sworn to before a notary, the Petition is filed with the district court and served upon all of the relevant law enforcement agencies, including the county attorney, city attorney, Minnesota Attorney General, the Minnesota Bureau of Criminal Apprehension, local police, county sheriff and any other agency with records surrounding the relevant offense.

A hearing takes place at least 60 days after service of the Petition, by statute. Any victim involved in the offense for which expungement is sought has a right to speak to the court at the time of the hearing. They can describe the harm they have suffered as a result of the defendant's conduct and offer their input as to whether the expungement should be granted or denied.

The court will expunge all relevant records unless the state establishes by clear and convincing evidence that public safety outweighs the disadvantages to the petitioner if expungement is denied.

The Minnesota Supreme Court recently rendered an opinion that denied a defendant the right to have criminal records expunged from the BCA - part of the executive branch of the government. The Court found that the expungement of such records violates the separation of powers doctrine.

However, the Minnesota Court of Appeals recently ruled that courts do have the inherent power to expunge records resting in a separate branch of government. The Minnesota Supreme Court declined to review the Court of Appeals decision, which, therefore, remains good law.

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How Long Must I Wait To Seek An Expungement of my Criminal Record in Minnesota?

Posted on April 21, 2008 by Jason C. Brown

Almost daily we speak with potential clients who contact us to determine if they qualify for expungement. While there is no formal timeline offered within Minnesota law, generally speaking, the longer you wait to seek an expungement of your criminal record, the greater your likelihood of success. Equally important is the severity of the offense you were convicted of in relation to how much time has passed.

In Minnesota, expungement is governed by statute. The expungement of a conviction means that the court will seal or destroy evidence of a conviction. This remedy is limited, however, in the sense that the court can always look back at a criminal record if someone is charged with a subsequent crime. This record will be used for purposes of investigation or enhanced sentencing. In addition, a conviction may be examined in the absence of a court order to allow an agency of criminal justice to conduct a background search on a prospective employee.

Minnesota expungement involves three steps. First, we work with clients to put together an expungement petition. That petition outlines the reason the client seeks expungement, the details of the record they are seeking to expunge, information about any rehabilitation that the client has undergone since the prior offense and an outline of any criminal offenses committed since the conviction for the prior offense. Once the petition is drafted, notice must be given to the prosecutor and any victims affiliated with the prior crime. Finally, a hearing is held not sooner than 60 days after service of the expungement petition in order for the accused to present argument to the court. Victim impact statements are taken into account and the petitioning party has the burden of demonstrating by clear and convincing evidence the expungement would result in a benefit to themselves that meets or exceeds the disadvantages to the public at large in sealing a criminal record.

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