Since August 1, 2026, Minnesota law has allowed the Bureau of Criminal Apprehension to unseal a record that received automatic expungement if the BCA later determines that the record did not qualify. The BCA must base that decision only on a record in its criminal-history system. It must then notify the judicial branch, which must unseal the related court records. This is a correction process for records found ineligible; it does not end Minnesota's automatic-expungement program.
Since August 1, 2026, Minnesota law has allowed the Bureau of Criminal Apprehension to unseal a record that received automatic expungement if the BCA later determines that the record did not qualify. The BCA must base that decision only on a record in its criminal-history system. It must then notify the judicial branch, which must unseal the related court records. This is a correction process for records found ineligible; it does not end Minnesota's automatic-expungement program.
What Changed in 2026
Minnesota enacted the change in 2026 Minnesota Laws, chapter 70, section 5. That section added paragraph (f) to Minnesota Statutes section 609A.015, subdivision 5, the part of the automatic-expungement law that directs the BCA to identify eligible records and grant relief.
The amendment says that if the BCA later determines a sealed record did not qualify under section 609A.015, the BCA must unseal its record and notify the judicial branch. After receiving that notice, the judicial branch must unseal all records relating to the arrest, indictment or information, trial, verdict, or dismissal and discharge.
Chapter 70 did not give section 5 a separate effective date. Under Minnesota Statutes section 645.02, the amendment took effect at 12:01 a.m. on August 1, 2026.
How Automatic Expungement Normally Works
Section 609A.015 creates automatic relief for records that meet specified eligibility rules. Depending on the type of case, those rules can involve a dismissal, a resolution in the person's favor, successful completion of diversion or a stay of adjudication, a qualifying conviction, a waiting period, and the absence of certain new charges or convictions.
The BCA must make an initial eligibility determination within 30 days after the applicable waiting period ends. If a record is not yet eligible, the BCA must review eligibility annually until the record qualifies.
For a qualifying record, the BCA seals its own record without requiring the person to file an application, petition, or motion. The statute provides for sealing 60 days after notice to the judicial branch unless a judicial order prohibits sealing or additional information establishes that the record is not eligible.
What the BCA Must Rely On Before Unsealing
The new paragraph places an express limit on the correction decision: the BCA must determine ineligibility based only on a record stored in the BCA's criminal-history system. The statute does not authorize the BCA to use an unrestricted outside investigation for this determination.
The amendment does not list every data problem that could lead to a later ineligibility determination. The broader subdivision shows that automatic review depends on criminal-history records, identity matching, waiting periods, qualifying-offense rules, and later charge or conviction information.
That makes the exact criminal-history entry important. A general statement that a record was “expunged” does not answer whether it remains sealed or why the BCA may have changed its determination.
What Unsealing Does—and Does Not Mean
When paragraph (f) applies, the BCA unseals its record and tells the judicial branch. The judicial branch then unseals the related court records identified in the statute. The change therefore reaches more than the BCA database alone.
The statute does not say that every automatically expunged record will be reviewed and unsealed. It applies only if the BCA subsequently determines that a sealed record did not qualify for automatic relief under section 609A.015.
An unsealing decision is also not a new criminal conviction or a finding that the person committed a new offense. It changes the sealed status of records after an eligibility determination.
What the New Paragraph Leaves Unresolved
Paragraph (f) tells the BCA what source it may use, directs the BCA to unseal its record, and directs the judicial branch to unseal related records after notice. The paragraph does not itself describe advance notice to the person, a hearing, or a separate challenge procedure.
That does not mean no other legal process could matter. It means the new paragraph does not answer every procedural question. Anyone trying to understand a specific unsealing should review the actual record, the BCA determination, the court file, and any other law that may apply.
Because the provision is new, later amendments or appellate decisions may provide more guidance. The current text should be checked before anyone relies on this summary.
What to Check If a Record Appears Unsealed
Start by confirming which record changed and whether the earlier relief was automatic under section 609A.015 or resulted from a court petition under a different part of Minnesota's expungement law. The 2026 amendment discussed here addresses records sealed through the automatic process in section 609A.015.
It may also matter which eligibility requirement the BCA concluded was not met and which criminal-history record supported that conclusion. Court records and BCA records are related, but they are maintained by different parts of government and may not update at the same time.
These are general review points, not advice about a particular record. A lawyer reviewing a specific situation can compare the eligibility rules, criminal-history information, and court docket.
Questions people ask about minnesota can now unseal some records that were automatically expunged
Can Minnesota reverse an automatic expungement?
Yes, in the situation covered by Minnesota Statutes section 609A.015, subdivision 5(f). If the BCA later determines that a sealed record did not qualify for automatic expungement, it must unseal the record and notify the judicial branch, which must unseal the related court records.
Can the BCA use any information it wants?
No. For this determination, paragraph (f) says the BCA must rely only on a record stored in its criminal-history system.
Does the new law eliminate automatic expungement?
No. Section 609A.015 still directs the BCA to identify qualifying records and grant automatic relief. The 2026 amendment adds a process for records later found not to have qualified.
Does this amendment apply to every court-ordered expungement?
The new paragraph appears in the automatic-expungement statute and addresses a sealed record that did not qualify for relief under section 609A.015. A petition-based expungement follows a different statutory process.
Where can I read the current law?
Read Minnesota Statutes section 609A.015 and 2026 Minnesota Laws, chapter 70 . Confirm the current text before relying on it.
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