What is an Expungement?

An expungement is an Order from a District Court Judge that prevents others from seeing if you have a criminal conviction or arrest. Expungement does not vacate or eliminate a conviction or arrest, but it seals the record from public view.

Do I qualify for an Expungement?

You may qualify for an expungement if:
1. You were arrested but not charged, the charges against you were dismissed, you were found not guilty, or the case did not otherwise result in a conviction.
2. You successfully completed the terms of a diversion, stay of adjudication, or continuance for dismissal.

If you were convicted of an offense that qualifies for expungement under Minn. Stat. § 609A.02, subd. 3, and the required amount of time has passed, all petty misdemeanor, misdemeanor and gross misdemeanor convictions are eligible for expungement. The felonies that qualify for expungement are:

35.824 – altering livestock certificate
62A.41 – insurance regulations
86B.865, subd. 1 – title fraud
152.025 – 5th Deg Controlled Substance
152.097 – sale of simulated drug
168A.30, subd. 1 – false certificate of title
169.09, subd. 14(a)(2) – accident with great bodily harm
201, 203B, or 204C – voting violations
228.45-51(see statute) – false bill of lading
256.984 – false app for public assistance
296A.23, subd. 2 – evasion of fuel tax
297D.09, subd. 1 – scheduled substances
297G.19 – liquor tax
340A.701 – unlawful acts with liquor
325F.743 – precious metal dealers
325F.755, subd. 7 – prize solicitations
346.155, subd. 10 –regulated animal control
349.2127, or 349.22 – gambling regulations
588.20 – contempt (of court)
609.27, subd. 1 (clauses 2 to 5) – coercion
609.31 – leaving state to avoid paternity
609.485, subd. 4, (a)(2) or (4) – hospital escape
609.49 – failure to appear in court
609.52, sub.3, clause 3(a) – theft under $5,000
609.52, subd. 3(a), clause 1 – theft under $1,000 + risk of bodily harm
609.525 – stolen goods into state
609.526, subd. 2(2) – metal dealer stolen goods
609.527, subd. 5b – illegal use of scanner
609.528, subd. 3, clause 3 – counterfeit checks
609.529 – mail theft
609.53 – receiving stolen goods
609.535, subd. 2a(a)(1) – bad check over $500
609.54 (clause 1) – embezzle public funds under $2500
609.551 – livestock theft
609.5641, subd. 1a(a) – wildfire arson
609.576, subd. 1(3)(iii) – negligent fires
609.595, subd. 1, clauses (3)-(5), and subd. 1a(a) – criminal property damage
609.597, subd. 3(3) – assaulting a police horse
609.625 to .645 (see statute) – forgery crimes
609.65, clause 1 – false cert by notary
609.651, subd. 4(a) – lottery fraud
609.652 – fake driver’s license
609.66, subd. 1a(a) – discharge of firearm
609.66, subd. 1b – furnishing firearm to minor
609.662, subd. 2(b) – duty to render aid
609.686, subd. 2 – tampering with fire alarm
609.746, subd. 1(e) – invasion of privacy
609.80, subd. 2 – cable t.v. piracy
609.821, subd. 2 – credit card fraud
609.822 – mortgage fraud
609.825, subd. 2 – bribing a contest judge
609.855, subd. 2(c)(1) – interfere with bus driver
609.88 – computer damage
609.89 – computer theft
609.893, subd. 2 – cellphone service fraud
609.894, subd. 3 or 4 – cellphone hacking
609.895, subd. 3(a) or (b) – counterfeit intellectual property
609.896 – movie pirating
624.7132, subd. 15(b) - transfer pistol to minor
624.714, subd. 1a – pistol without permit
624.7141, subd. 2 – giving pistol to ineligible person
624.7181 – long gun in public by minor

Expungements

In Minnesota, an expungement is the sealing of a criminal record. Once sealed, the record cannot be disclosed or viewed by the public except under court order. An expungement does not mean your record is physically destroyed. Certain criminal convictions cannot be expunged. January 1, 2015, Minnesota’s expungement statute was expanded to allow more types of convictions to be expunged.

Debra J. Hilstrom

Attorney At Law, PLLC​ 

525 Park Street, Suite 320 Saint Paul, MN 55103

Phone (763) 479-9304

Expungement is the process of going to court to ask a judge to seal a court record. It is important to remember that an expunged record is NOT destroyed. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Usually, people ask for an expungement when they have been denied a job, housing, or a professional license because of their criminal background.