Frequently Asked Questions About Expungement in Minnesota

How long does the expungement process take in Minnesota?
The timeframe for how long it will take to have records expunged varies. Depending on how your case was resolved, the county in which it was resolved and, how busy or backlogged a counties criminal court division may be, expunging a record can take anywhere from four to six months.

What will happen if an expungement is approved?
If an expungement is granted, the records are sealed, (expunged), 60 days after a judge’s order is entered. The records are not destroyed-they are sealed, (expunged), and are only able to be viewed under very narrow circumstances.
For applicants who have been convicted of an offense that does not allow expungement under state law, there is still the possibility of obtaining a pardon from the Governor and the Board of Pardons. The Board of Pardons consists of the Governor, the State Attorney General and the Chief Justice of the Minnesota Supreme Court. This process is offered only twice each year and is very long and arduous. We recommend consulting with an experienced expungement/pardon attorney for specific details on the pardon process.

What will happen if an expungement is denied?
If an expungement is denied, the records remain intact and available to be viewed.

What will happen if an expungement is granted and the records are sealed? Can they be retrieved or viewed?
If the expungement is granted, the records will be sealed and generally will not be able to be viewed by the public. There are however certain exceptions where expunged records will be made available to be viewed. Contact an experienced expungement attorney to find out about these exceptions.

Free Consultation

Use the form below to send Attorney Mark Herman an email about your case.