State Summary

The Minnesota Second Chance Expungement Gap

Key Findings


Abstract

Summary of the Law

CONVICTIONS:

  1. Misdemeanors:
    1. 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)).
    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))
  2. 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))
  3. Not Eligible: Sex registration offenses. § 609A.02 subd. 4; Sec 243.166
  4. Treatment of multiple convictions from the same Incident: n/a (Guides, CCRC, and statues silent)
  5. LFO Payment Required for Sentence Completion: n/a. (Guides, CCRC, and statues silent)
  6. Other Unmodeled Criteria or Details:
    1. All expungements are subject to balancing test defined at § 609A.03, subd. 5(a))
    2. Common law expungement (defined) is possible for even non-eligible offenses if "constitutional rights" would require it
    3. Juveniles prosecuted as adults may have their records sealed under this authority upon discharge. (defined at subd. 2).
    4. 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).
    5. Sealing if the defendant received a stay of prosecution or completed a diversion program if clean for 1 year upon completion of stay.

NON-CONVICTIONS: Sealing if charges resolved in defendant’s favor (defined), upon petition, at disposition with no waiting-period. § 609A.02, subd. 3(a)(1).

Definitions:

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