Can I Expunge My Criminal Record in Minnesota?

Two Paths to Expungement

Minnesota now has two routes. The first is automatic expungement under the Clean Slate Act. The second is petition-based expungement, where you ask the court to seal your record. Understanding which applies is the first step. (See our complete guide to expungement in Minnesota.)

Automatic Expungement (Clean Slate Act)

The Clean Slate Act took effect January 1, 2025. Under it, the Bureau of Criminal Apprehension (BCA) proactively identifies eligible records and clears them automatically — no petition, no filing fee, and no lawyer required. This matters because, historically, only a small fraction of people who were eligible for expungement ever filed. Automatic expungement is designed to reach people who qualify but never went through the process.

Petition-Based Expungement

If your record does not qualify for automatic clearing — or has not been cleared yet — you can petition the court. This covers a broad range of situations, including cases that ended in your favor and a list of eligible misdemeanor, gross misdemeanor, and certain non-violent felony convictions after the applicable waiting period. There is also a route where, if the prosecutor agrees and proper notice is given, expungement may be granted more readily.

Typical Waiting Periods (for Petitions)

• Diversion or stay of adjudication (qualifying non-felony): generally after about 1 year.
• Petty misdemeanor and misdemeanor convictions: generally after about 2 years.
• Qualifying gross misdemeanors: generally after about 3 years.
• Certain eligible non-violent felonies: generally after about 5 years.

The waiting period generally runs from discharge of the sentence — often the date you finished probation. Staying conviction-free during the waiting period is important.

What Is Usually Excluded

Not everything can be expunged. Certain serious offenses — and offenses that require predatory offender registration — are typically excluded or much harder to clear. The specifics matter, which is why a careful look at your actual record is worthwhile. (See our page on what expungement does.)

How to Find Out Where You Stand

Because eligibility turns on the offense, the outcome, and timing, the practical first step is to get an accurate picture of your record and check it against the automatic and petition criteria. If you qualify for automatic expungement, you may not need to do anything; if you need to petition, the strength of the petition can make a real difference. (See our pages on how long expungement takes and expungement after a dismissal or stay.)

Key Terms

• Expungement: Sealing a criminal record from public access.
• Clean Slate Act: The 2025 law providing automatic expungement of eligible records.
• Petition-based expungement: Asking the court to seal a record.
• Waiting period: The conviction-free time required before petitioning.
• Discharge of sentence: The point the waiting period generally starts.