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WWW - Mncourts.gov: EXP101 State Eng Rev 3/08 Page 1 of 4
WWW - Mncourts.gov: EXP101 State Eng Rev 3/08 Page 1 of 4
Please read all instructions before filling out paperwork. You will need to make additional copies if
you are seeking to expunge more than one file.
You may also want to view the “What is Criminal Expungement” video, as well as the tutorial on
how to complete the expungement forms. These materials are available on the Minnesota Judicial
Branch website at www.mncourts.gov under Self-Help / Criminal Expungement.
Once sealed, a record will not be available to the general public. However, Minn. Stat. § 609A.03, subd.
7, states that law enforcement agencies, prosecution or correctional authorities may seek an order signed
by a judge to re-open a sealed case for the purpose of a criminal investigation, prosecution or sentencing.
The records may be opened for the purposes of evaluating a prospective employee of a criminal justice
agency, without a court order, pursuant to Minn. Stat. § 609A.03, subd. 7 or for certain social services
licensing purposes.
YOU MAY QUALIFY FOR AN EXPUNGEMENT UNDER MINNESOTA STATUTE § 609A IF:
• The charges were dismissed, you were found not guilty, or the case did not otherwise result in a
conviction. If you entered into a plea of guilty, even if the court stayed adjudication of guilt or
allowed you to enter into a diversion program, a court may decide your case does not satisfy this
requirement.
• You were charged with a controlled substance offense - the proceedings have been dismissed and
discharged.
• You were a juvenile prosecuted as an adult.
• The Board of Pardons has granted you a pardon extraordinary.
In the situations listed above, the court can order all records of that criminal case kept in Minnesota to be
sealed. If there is no court file (the prosecutor did not file formal charges or the grand jury did not file an
indictment) and you’ve had a clean record for the past 10 years, a petition to the court is not necessary to
expunge your arrest record. You should contact the arresting agency and/or the BCA (Minn. Stat. §
299C.11(b)).
If you were convicted in any other situation, your case does not meet the criteria under Minn. Stat. §
609A. Expungement of a conviction not meeting the 609A criteria is possible, but rare and can only be
granted for the court’s records. Records of your arrest and prosecution held by the police, sheriff’s office,
prosecutors and the BCA would not be affected by such an expungement order. Serious crimes like
murder, aggravated assault, driving while intoxicated, and sex offender crimes are never expunged. Less
serious crimes can be expunged only if you can convince the court that you have made changes in your
To request expungement of a conviction not meeting the 609A criteria, check the 4th box of item #9 of the
Petition which states “I was convicted but I have rehabilitated myself. The benefit to me outweighs the
disadvantage to the public and the burden on the court.” An order expunging a conviction may provide
only for expungement of the record held by state courts and may not expunge records held by state or
local law enforcement and prosecution agencies.
Helpful materials may be found at your public county law library. For a directory, see
http://www.lawlibrary.state.mn.us/cllppubdir.rtf . For more information, contact your court administrator
or call the Minnesota State Law Library at 651-296-2775.
Obtain a hearing date from the court administrator’s office to be inserted in the notice.
This date must be more than 60 days from the date notice is mailed plus 3 days for mailing.
1. Notice of Hearing and Petition( with the scheduled hearing date completed)
2. The unsigned proposed Order you are seeking to have the judge issue.
• A filing fee is not required for cases that were “resolved in your favor.” This means no filing
fee is required if you were not convicted and did not plead guilty in the case. If the case was
“resolved in your favor,” inform court personnel that the filing fee is waived by statute.
• A filing fee is required for cases in which you were convicted or entered a guilty plea. This
includes cases where you were found guilty by the court or entered a guilty plea, even if that
plea was held by the court or was later vacated.
Check with the court administrator in the county you are filing in for the correct filing fee amount.
You may ask the court to waive the filing fee by completing a form called “Affidavit for
Proceeding In Forma Pauperis” and following the instructions given to you by court personnel.
At the hearing, the Judge will review your petition and any attachments you have submitted. The
Judge will also consider any information presented by the prosecutor, any of the various law
enforcement agencies and the victim. The victim has the right to submit an oral or written
statement to the court. You may be required to testify and be cross examined by attorneys for any
agency or office that opposes your request.
The Judge may or may not grant the expungement. The Judge may sign the proposed order that
you have provided (granting or denying your request), or may prepare his or her own order. The
Judge may deny expungement if your request does not meet the requisite qualifications even if no
one objects.