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Expungement of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11
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 four, Destruction of Records Relating to Identification Data and Information held by Minnesota Law Enforcement Under Minn. Stat. § 299C.11.
A person can have certain identifying information and data that is being held by state agencies sealed if certain conditions are met, and the person does not need to file a petition under Minn. Stat. § 609A.03 to have such information sealed. First, the person cannot have been convicted of either a felony or a gross misdemeanor (this includes all convictions, both inside and outside the state of Minnesota or in any other country) within a period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person.
Second, the person must have either (a) had the criminal charges dismissed prior to a determination of probable cause in the case; or (b) the prosecution declined to file any charges and a grand jury did not return an indictment.
Where these conditions are met, the government shall (upon demand by the person whose information is being held) return to the person’s finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them.