The Minnesota Second Chance Expungement Gap
Summary of the Law
- 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)).
- 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))
- 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))
- Not Eligible: Sex registration offenses. § 609A.02 subd. 4; Sec 243.166
- Treatment of multiple convictions from the same Incident: n/a (Guides, CCRC, and statues silent)
- LFO Payment Required for Sentence Completion: n/a. (Guides, CCRC, and statues silent)
Other Unmodeled Criteria or Details:
- All expungements are subject to balancing test defined at § 609A.03, subd. 5(a))
- Common law expungement (defined) is possible for even non-eligible offenses if "constitutional rights" would require it
- Juveniles prosecuted as adults may have their records sealed under this authority upon discharge. (defined at subd. 2).
- 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).
- Sealing if the defendant received a stay of prosecution or completed a diversion program if clean for 1 year upon completion or stay.
- Not guilty by reason of mental illness is NOT resolved in Defendant’s favor. § 609A.02, subd. 3(a)(1).
- A felony-to-misdemeanor reduction following deferred sentencing does not reduce the offense for purposes of expungement eligibility.