Jul23
If you’ve ever been convicted of a domestic violence crime in Minnesota, you may be wondering if it’s possible to clear that record. The process is called “expungement,” and it can help you move forward by sealing your court records, so they’re not easily found in background checks.
This guide breaks everything down into simple questions and answers so you can understand what expungement means, how it works, and what to expect—especially if you’re dealing with a domestic violence conviction.
What is expungement?
Expungement means sealing your criminal record so it’s no longer visible to the public. But expungement does not erase your record. Some government agencies—like law enforcement agencies or immigration can still access it.
If you get your record expunged, most landlords, employers, and schools will not be able to see your criminal past.
Can a domestic violence conviction be expunged in Minnesota?
A judge will base the decision on several factors. Some of which are:
- The nature of the domestic assault conviction
- How long ago the conviction happened
- What you’ve done to rehabilitate yourself
- Whether you’ve stayed out of trouble since
- The type of harm the record is causing you
Domestic violence convictions are serious, so the court will look closely at your case. Some domestic violence-related crimes may qualify for full expungement, while others may not.
To know for sure, it’s best to talk to a lawyer like Mark Herman, who knows the laws in Minnesota.
What’s the difference between full, (statutory), and partial, (inherent authority), expungement?
Full expungement means the court can order all government agencies (like the police, prosecutors, and other state agencies) to seal their records.
- Partial (inherent authority) expungement only seals the court records. Other state agencies that have a record of your conviction will not be ordered to seal that record.
- Full (statutory) expungement is stronger, but not always possible, and all agencies that may have your record will be ordered to seal the record.
Why should I expunge a domestic violence conviction?
Having a domestic violence conviction can make life harder. It might show up when you:
- Apply for a job
- Try to rent an apartment
- Try to get a professional license (like to work in healthcare or childcare)
Expungement helps give you a second chance by hiding that record from most background checks.
Am I guaranteed to get my record expunged?
No, there’s no guarantee. You must convince the judge that sealing your record helps you more than it hurts the public.
The judge will look at things like:
- How serious the crime was
- How long ago it happened
- What you’ve done to turn your life around
- Your work and community involvement history
- Whether you’ve had any more legal trouble
How do I know if I qualify for expungement?
Generally, you might qualify if:
- Enough time has passed since your sentence ended
- You haven’t had other legal issues since
- Your crime is one the law allows to be expunged
Some non-violent misdemeanors are easier to expunge. Domestic violence convictions are harder and often require legal help to review your eligibility.
How do I ask for expungement?
If your case hasn’t been automatically expunged by the court (some simple cases are), you’ll need to:
- Draft a Notice and Petition for Expungement and other accompanying documents
- Serve them to on government agencies
- File the forms with the court
- Go to a court hearing
The whole process takes at least 6-7 months.
What happens at the court hearing?
You’ll go to court and explain to the judge why you need your record sealed. The judge may ask questions. Agencies like the police or state departments can and may object to your request. If that happens, you’ll need to respond.
The judge will decide within 90 days, and if you win, your record will be sealed after another 60 days.
How much does expungement cost?
The cost of expunging a record depends on two factors:
- The filing fee, which is paid to the court
- The attorney fee
If your case was dismissed or you were found not guilty, you will not have to pay a filing fee. But if you were convicted—even if the conviction was later removed—you may have to pay.
If you can’t afford the filing fee, you can apply for a waiver based on your income.
Can I do this without a lawyer?
Expunging a record is not easy. Expungement involves a lot of paperwork, deadlines, and legal steps. You’ll also need to deal with objections from government agencies if they disagree with your request.
Hiring an expungement attorney—like Mark Herman—can make the process smoother and improve your chances.
Where can I get a copy of my criminal record?
If you want to see what your criminal record looks like, You you can request it from:
- The District Court where your case was handled
- The Minnesota Bureau of Criminal Apprehension (BCA)
Keep in mind: your court record and BCA record might look different, so get both if you can.
Will my record disappear completely?
Expungement does not delete your criminal record. Expungement seals the record so that it is not available for employers or landlords to view.
An expunged record is able to be viewed for:
- Purposes of a criminal investigation, prosecution, or sentencing
- Purposes of evaluating a prospective employee in a criminal justice agency
- Purposes of a background study under by the Department of Human Services unless the court order for expungement is directed specifically to the Commissioner of Human Services
So, while expungement helps with background checks for jobs and housing, it doesn’t erase the record entirely.
What if my request is denied?
You may still have options. A lawyer can help you figure out what to do next. You might be able to try again later or appeal the decision.
How long does a domestic violence conviction stay on my record if I don’t expunge it?
If you don’t take legal action, it stays on your public record forever. Minnesota doesn’t automatically delete criminal cases over time unless they qualify for automatic expungement.
Can I expunge a juvenile domestic violence case?
Yes, but the process is different . You’ll need special forms, and your case has to meet certain rules. Most juvenile cases are private already, but it’s still smart to seal the record if possible—especially for serious charges.
What’s the difference between expungement and a pardon?
- Expungement hides the record from the public but doesn’t erase it.
- A pardon is granted by Board of Pardons, (consisting of the Governor, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court), and acts like the crime never happened.
A pardon requires two of the three members of the Board of Pardons vote to grant the pardon. Pardons are rare and harder to get. Expungement is more common and faster, though still not guaranteed.
Contact a Minnesota Expungement Lawyer
Expunging a domestic violence conviction in Minnesota can help you move on and open new doors—like getting a job, housing, or a professional license. But the process is complex and takes time. The judge will want to know that you’ve made changes in your life and that sealing the record is a fair solution.
If you’re not sure where to start or have questions about your case, you don’t have to go it alone.
Contact Mark Herman, a Minneapolis expungement lawyer, to talk about your options and get help clearing your record. Your second chance might be just one step away.
