Can I Expunge My Criminal Record in Minnesota?

The Two Paths to Expungement

• Automatic (Clean Slate): Since January 1, 2025, the BCA automatically seals many eligible records — no petition needed. (See the Clean Slate Act guide.)
• By petition: For records that aren't sealed automatically, you can petition the court — and a prosecutor-agreed expungement is sometimes possible too.

Eligibility by How the Case Ended

• Dismissed or resolved without a conviction — often the strongest case for expungement, and frequently covered by automatic sealing.
• Diversion or a stay of adjudication completed successfully — generally eligible after a short waiting period. (See expungement after dismissal or a stay.)
• Convictions — eligible in many cases by petition, depending on offense level and waiting period.

Eligibility by Offense Level (Petition Waiting Periods)

For petition-based expungement of convictions, the waiting period — measured from discharge of the sentence — generally scales with the offense level:

• Diversions / stays of adjudication: roughly 1 year;
• Petty misdemeanors and misdemeanors: roughly 2 years;
• Qualifying gross misdemeanors: roughly 3 years;
• Eligible felonies: roughly 4–5 years.

These are general figures; the exact waiting period and eligibility depend on the specific offense, so confirm the current rule for your situation.

What Generally Can't Be Expunged

Some records are excluded from the standard pathways, including offenses requiring predatory offender registration, most DWIs and many traffic offenses, certain domestic-violence offenses, and the most serious violent and sex offenses. If your record falls into one of these, expungement may be limited or unavailable — but it's still worth having the specifics reviewed.

How to Find Out for Sure

1. Check whether it was sealed automatically — request your BCA record to see its current status.
2. Identify how each case ended and the offense level — these drive eligibility.
3. Have your eligibility evaluated — the rules are detailed, and an evaluation can tell you which path (automatic, petition, or prosecutor agreement) fits and when you qualify.