- Best cases:dismissal, stay.
- Often:automatic sealing.
- Until then:record exists.
- Else:petition.
If your Minnesota case ended in a dismissal, diversion, or a successfully completed stay of adjudication, you have one of the strongest cases for expungement — there's no conviction, the waiting period is short, and many of these records are now sealed automatically. But "no conviction" doesn't mean "no record" — the case can still appear on background checks until it's sealed. Here's how to clear it.
Why These Are the Strongest Expungement Cases
When a case ends without a conviction — dismissed, resolved through diversion, or completed via a stay of adjudication — you've already avoided the worst outcome. Expungement of these records is favored: the waiting periods are the shortest, and the case for sealing is compelling because there was no finding of guilt that stuck.
But the Record Still Exists Until It's Sealed
This surprises people: even though you weren't convicted, the case record still exists — the charge, the court file, the arrest — and it can show up on background checks. A dismissal or stay of adjudication keeps a conviction off your record, but it doesn't automatically erase the fact that the case happened. Sealing it is what makes it disappear from public view.
Automatic Sealing Often Applies
Good news: many non-conviction records are covered by the Clean Slate Act's automatic sealing, so the BCA may seal them without you filing anything. But — as always — don't assume. Mixed cases (where some charges don't qualify), misidentification, and timing can all mean a record wasn't automatically sealed. Confirm your status.
If You Need to Petition
For records not sealed automatically, petition-based expungement is available, and these non-conviction cases are typically eligible after a short waiting period (often around a year for diversions and stays of adjudication, measured from discharge). Because there's no conviction, these petitions are frequently among the more straightforward — though doing it correctly still matters.
A Note on Stays of Adjudication vs. Other Outcomes
Be aware of the distinction: a stay of adjudication (no conviction) is in a stronger expungement position than a stay of imposition (which is a conviction, even though a felony reduces to a misdemeanor). If you're not sure which your case was, that's worth clarifying — it affects both eligibility and the waiting period. (See stay of adjudication vs. stay of imposition.)
Steps to Take
- Confirm how your case actually ended — dismissal, diversion, stay of adjudication, or something else.
- Check whether it was sealed automatically by requesting your BCA record.
- If not sealed, petition — these non-conviction cases are usually strong candidates after the short waiting period.
Updated May 18, 2026 · Law verified as of June 7, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
If my case was dismissed, why is it still on my record?
A dismissal keeps a conviction off your record, but the case itself — the charge and court file — still exists and can appear on background checks until it's sealed through expungement. Many such records are now sealed automatically, but not all.
Can I expunge a stay of adjudication?
Yes — because no conviction is entered, completed stays of adjudication are typically eligible for expungement after a short waiting period (often around a year), and many are sealed automatically under the Clean Slate Act.
Is this easier than expunging a conviction?
Generally yes. Non-conviction outcomes — dismissals, diversions, stays of adjudication — have shorter waiting periods and a stronger case for sealing than convictions, and are more likely to be covered by automatic sealing.
Do I still need to do anything if my case was dismissed?
Possibly. If automatic sealing covered it, no — but you shouldn't assume. Check your BCA record, and if it wasn't sealed, a petition is usually straightforward for a non-conviction case.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.