Contact an attorney in this area
Ryan Pacyga Criminal Law
333 South Seventh Street, Suite 2850
Minneapolis, MN 55402
There are five circumstances of criminal conviction expungement and sealing of record:
- Expungement of Certain Controlled Substance Offenses in Minnesota Under Chapter 609A.02, Subd. 1, and Minn. Stat. § 152.18 (Discharge & Dismissal);
- Expungement of Juveniles Prosecuted as Adults in Minnesota Under Minn. Stat. § 609A.02, Subd. 2;
- Expungement of Certain Criminal Proceedings Not Resulting in Conviction in Minnesota Under Minn. Stat. § 609A.02, Subd. 3;
- Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11;
- Expungement of Criminal Convictions Under Minnesota Law and Inherent Judicial Authority
In this section, we will discuss number five – expungement of criminal convictions under Minnesota law and inherent judicial authority.
If you do not qualify for an expungement on statutory grounds under Minn. Stat. § 609A.02 – as detailed in numbers 1-3 above – a petitioner may still seek an expungement of their criminal record held by the judiciary branch under the court’s inherent authority. The process – meaning the petition requirements, burden of proof, and analysis – is the same as if the petitioner was seeking an expungement under statutory grounds. The key difference is that any expungement granted only permits the sealing of criminal records held by the judiciary branch and not the executive branch – e.g. the Bureau of Criminal Apprehensions or Dept. of Human Services. As such, the remedy is limited in its effect.
Still, even getting an expungement of the criminal records held by the courts is of benefit to the petitioner. A well-crafted expungement order may minimize the impact of the record when provided to prospective employers or landlords. And the petitioner may seek to have the Bureau of Criminal Apprehensions to update their records to reflect that the criminal record was expunged by the court, which would result in a notation of the expungement in their database.
How Much Does It Cost?
An expungement is not cheap, but it offers you a second chance that you deserve. You can expect to pay $2,000 or more, without any guarantee of results.