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Expungements

Everyone deserves a second chance. Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law. Expungements can be life changing as they often times expand job and housing opportunities.

To determine your eligibility for expungement, we first need to know the outcome of the case you wish to be expunged.

Potential outcomes include:

  • Dismissal

  • Acquittal

  • Conviction

  • Successful completion of a stay of imposition

  • Successful completion of a diversion program, stay of adjudication or continuance for dismissal.

If your case was dismissed without conditions or you were acquitted at trial: You may be (or likely are) eligible for an expungement right now.

If you successfully completed a diversion program, stay of adjudication or continuance for dismissal: There is a 1-year waiting period that begins after the case has been resolved (discharged from probation or monitoring, fine paid, etc).*

If you successfully completed a stay of imposition (meaning the original charge was dropped to a misdemeanor): There is a specific waiting period depending on the level of the initial charge. The waiting period begins once the case is resolved.*

Waiting periods for cases in which you received a stay of imposition:

Gross misdemeanor: 3 years

Felony: 5 years (Registerable offenses do not qualify for a full expungement under MN Statue 243.166.)

If you were convicted: There is a specific waiting period depending on the level of the charge. The waiting period begins once the case is resolved (discharged from probation or monitoring, fine paid, etc).*

Waiting periods for convicted cases:

  • Petty Misdemeanor: 2 years

  • Misdemeanor: 2 years

  • Gross misdemeanor: 3 years

  • Felony: 4 years (In Minnesota, only certain felonies qualify for full expungement under MN Statue 609a.02, Subd.3b.)

*NOTE: During the waiting periods previously listed, you must remain conviction-free.

If you are convicted of a new crime during the waiting period, the "expungement clock" starts over and will negatively impact your expungement request. Everyone deserves a second chance. Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law.

Neighborhood Justice Center’s team can help determine if you qualify for an expungement. We understand the eligibility guidelines in Minnesota and will guide you through the process.

DISCLAIMER: This information only applies to MN state cases. All cases are subject to the limitations set by the legislature in MN Stat 609a.02. While a case may technically qualify for statutory expungement, every case must be analyzed individually to consider whether an expungement is likely in a particular situation when considering full criminal history and rehabilitation efforts.