MINNESOTA
How to Clear Your Criminal Record
in Minnesota
A free, plain English guide to Minnesota's Clean Slate Act — automatic expungement now in effect, petition-based expungement, and cannabis record relief.
What You Need to Know First
Minnesota's Clean Slate Act took effect January 1, 2025. The Bureau of Criminal Apprehension (BCA) now automatically reviews eligible records and seals them without any action from you. The law is retroactive — if you met the eligibility criteria before January 1, 2025, your record is already being reviewed. Your record may already be expunged. Check your BCA record to verify.
Minnesota expungement seals records — it does not destroy them. Expunged records are sealed from public access and cannot be disclosed by courts or law enforcement to employers, landlords, or the public. However the records still exist and remain accessible to criminal justice agencies. You can legally deny the conviction in most situations after expungement.
Minnesota has three main pathways for clearing a criminal record. The right one depends on your offense type and whether you qualify for automatic relief.
Automatic Expungement
§ 609A.015 — NO ACTION NEEDED
The BCA automatically reviews eligible records annually and seals them without a petition or fee. Covers most misdemeanors, gross misdemeanors, and qualifying felonies after waiting periods. Law is retroactive. Your record may already be sealed.
Petition-Based Expungement
§ 609A.02 / 609A.03 — COURT PROCESS
For records not covered by automatic expungement — including certain felonies from the qualifying list, non-conviction records, and records held by state agencies not covered by automatic sealing. File a petition with the court. Judge weighs public interest vs. your disadvantage.
Prosecutor-Agreed Expungement
§ 609A.025 — FASTER PATH
If the prosecutor agrees, no petition is required and the court shall seal the record — a faster and easier process. Worth pursuing if you have a cooperative prosecutor. Often used alongside petition-based expungement as an alternative strategy.
What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Dismissed charges and acquittals — no waiting period
- Diversion / stay of adjudication completions — after 1 year
- Petty misdemeanor convictions — after 2 years
- Misdemeanor convictions — after 2 years
- Gross misdemeanor convictions — after 3 years
- Qualifying felony convictions (§ 609A.02 list) — after 4–5 years
- Cannabis felony convictions — Cannabis Expungement Board
- First-time drug possession (§ 152.18) — petition-based
- Juveniles prosecuted as adults — after completing sentence
NOT ELIGIBLE FOR EXPUNGEMENT
- Sex offenses requiring registration (§ 243.166)
- DWI / DUI convictions
- Domestic violence-related offenses
- Traffic and parking offenses
- Felonies not on the § 609A.02 qualifying list
- New offense conviction during the waiting period
- Records held by DHS, DOH, and PELSB — automatic expungement does not apply
Important limitation: Automatic expungement under the Clean Slate Act does not apply to records held by the Department of Human Services, Department of Health, or the Professional Educator Licensing and Standards Board. If you work in healthcare, education, or childcare, you may need to file a separate petition to seal those records.
Waiting Periods — Automatic and Petition
Waiting periods begin from the date you were discharged from probation or supervision — not from the date of conviction. You must have no new convictions above a petty misdemeanor during the waiting period.
Dismissed charges / acquittals
No wait
Diversion / stay of adjudication completion
1 year
Petty misdemeanor conviction
2 years
Misdemeanor conviction
2 years
Gross misdemeanor conviction
3 years
Qualifying felony conviction
4–5 years
How to Check If Your Record Was Already Sealed
Because the Clean Slate Act is retroactive, many Minnesotans already had their records expunged on or after January 1, 2025 without doing anything. Check your record at two places — the BCA and Minnesota Court Records Online — to see if expungement has been applied.
1
Check Your BCA Record
Request your Minnesota criminal history from the Bureau of Criminal Apprehension. BCA records are the authoritative source used for official background checks. Mail in or submit an in-person request through the BCA at
dps.mn.gov. This is more accurate than the online court records system.
2
Check Minnesota Court Records Online (MCRO)
You can also check your court records at
publicaccess.courts.state.mn.us. Note — MCRO is not used for official background checks and may not be up to date with BCA records. Use MCRO as a secondary check, but rely on your BCA record for the most accurate picture.
3
If Your Record Wasn't Automatically Sealed — File a Petition
If your eligible record hasn't been sealed yet — the BCA is processing records incrementally and may not have reached yours yet — or if your record is ineligible for automatic expungement but qualifies for petition-based expungement, file a petition with the court. Get forms from Minnesota Courts at
mncourts.gov.
How to File a Petition — Step by Step
1
Complete the Expungement Petition Forms
Download expungement petition forms from Minnesota Courts at
mncourts.gov. You'll need Form CRM301 (Petition) and CRM302 (Proposed Order). List every case and agency holding your records. The Minnesota Legal Services Coalition also provides free guided form preparation.
2
File with the Court and Pay the Fee
File your petition in the district court in the county where your case was heard. Pay the filing fee — typically around $325 — or request a fee waiver if you cannot afford it. You can also file for free if your record qualifies for automatic expungement under the Clean Slate Act.
3
Serve All Agencies Holding Your Records
Minnesota requires you to serve copies of your petition on every agency that holds your records — including the BCA, the prosecuting agency, all law enforcement agencies involved in your case, and the Minnesota Department of Corrections if you were incarcerated. This service requirement is strict — missing an agency can cause problems.
4
Attend Your Hearing
The court schedules a hearing 60 days after you file — agencies have time to object. The judge applies a balancing test: the advantages of sealing your record for you must outweigh the disadvantages to public safety. For non-conviction records there is a presumption in your favor. For conviction records you bear the burden of proof by clear and convincing evidence.
5
After Expungement Is Granted
The court notifies all agencies that received your petition. The BCA seals the record from public access. Records held by DHS, DOH, and PELSB are not automatically sealed — you may need a separate petition for those. Private background check companies may lag in updating their databases.
Cannabis Record Expungement
Minnesota legalized adult-use cannabis in 2023. The Adult-Use Cannabis Act created a Cannabis Expungement Board to review and expunge nonviolent felony cannabis possession convictions. If you have an old cannabis possession felony, your case may qualify for review — and possibly resentencing — even if it's not on the standard § 609A.02 qualifying felony list.
The Cannabis Expungement Board reviews cases, determines eligibility, and can order expungement and resentencing for qualifying cannabis offenses. Visit the Minnesota Department of Human Services cannabis expungement page for the latest status and how to submit your case for review.
Helpful Resources
FREE LEGAL HELP
Mid-Minnesota Legal Aid
Free civil legal help for low-income Minnesotans — including expungement assistance and clinics statewide
midmnlegal.org →
FREE LEGAL HELP
Volunteer Lawyers Network
Free expungement clinics and legal help for Minnesotans — including Clean Slate Act guidance
vlnmn.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
CLEAN SLATE INFO
UWAAF — Clean Slate MN
Plain English guide to the Clean Slate Act with progress updates and eligibility information
uwaaf.org/csi →
COURT LOCATIONS
Minnesota Courts
Find your county district court to file your expungement petition
mncourts.gov →
Frequently Asked Questions
Was my record automatically expunged under the Clean Slate Act? +
It depends on your offense and when you were discharged. The BCA is reviewing eligible records incrementally and sealing them on a rolling basis since January 1, 2025. The law is retroactive — if you met the criteria before that date, your record is being reviewed. Check your BCA criminal history at dps.mn.gov to verify. If your eligible record hasn't been sealed yet, the BCA may not have processed it yet — check back or file a petition.
Can I legally deny the conviction after expungement? +
Yes — after expungement in Minnesota, you can legally say you were not convicted of that offense on most job, housing, and financial applications. Expunged records are sealed from public access and cannot be disclosed to employers, landlords, or the general public. Law enforcement and criminal justice agencies retain access. Note that records held by DHS, DOH, and PELSB are not sealed by automatic expungement — you may need to address those separately.
Can a felony be expunged in Minnesota? +
Yes — but only felonies on the qualifying list in § 609A.02, subdivision 3(b). This list includes more than 50 qualifying offenses, most of which are nonviolent. Felonies not on this list cannot be expunged through the standard petition process — regardless of how much time has passed. Cannabis felonies have a separate pathway through the Cannabis Expungement Board. Sex offenses requiring registration can never be expunged.
What is the balancing test the judge applies? +
For petition-based conviction expungements, the judge weighs the advantages of sealing your record against the disadvantages to public safety. The court considers the nature and severity of the crime, how long ago it occurred, steps taken toward rehabilitation, your overall criminal record, victim recommendations, and your reasons for seeking expungement. You bear the burden of proving by clear and convincing evidence that your interests outweigh the public interest. For non-conviction records, there is a presumption in your favor.
Does the waiting period start from conviction or discharge from probation? +
From discharge from probation — not from the date of conviction. In Minnesota, most cases result in some period of probation. The waiting period clock starts when you are discharged from probation. If you were sentenced to probation that ended two years ago, your 2-year misdemeanor waiting period may already have expired even if the conviction is older than that.
Do I need an attorney? +
For automatic Clean Slate expungement — no, nothing is required from you. For petition-based expungement — the service requirements are strict and the hearing requires presenting evidence of rehabilitation. Volunteer Lawyers Network hosts free expungement clinics where attorneys help you prepare and file your petition. For felony expungements or cases where objections are likely, working with an attorney meaningfully improves your chances.
After Your Record Is Expunged
After expungement in Minnesota, your record is sealed from public access. Employers, landlords, and the general public cannot access it. You can legally deny the conviction on most applications.
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Employment
Expunged records are sealed from the BCA and cannot appear on most employer background checks. You can legally deny the conviction on most private job applications. Minnesota's ban-the-box law restricts when employers can ask about criminal history. Law enforcement employers and certain regulated professions retain access to sealed records.
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Gun Rights
Expungement of a misdemeanor generally leaves gun rights intact. Expungement of a felony conviction does not automatically restore federal firearms rights — federal law still applies. If you have a felony and wish to possess a firearm, consult a licensed Minnesota attorney before purchasing or possessing a firearm.
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Healthcare, Education, and Childcare
Automatic Clean Slate expungement does NOT seal records held by the Department of Human Services, Department of Health, or the Professional Educator Licensing and Standards Board. If you work in or are applying for positions in healthcare, childcare, or education, you may still need to disclose expunged records to these agencies. File a separate petition under § 609A.03 to address these records.
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Background Check Databases
Private background check companies sourcing from Minnesota court records may lag in updating after expungement. Keep your expungement order and dispute any records that still appear. Note that background checks conducted in other states may still be able to access Minnesota records — Clean Slate only governs Minnesota agencies.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
