Which Cases Can and Cannot Be Expunged In Minnesota?


Every state has a different process for expungement, and in Minnesota, that process allows statutory expungement of virtually all misdemeanor and gross misdemeanor cases, and specific felony cases. Minnesota Statutes section 609A.02, subd. 3(b) outlines fifty felonies that are able to be expunged under the Minnesota expungement statute. If the felony is on the list, it is eligible to be considered for a statutory expungement – meaning all records can be sealed. If it is not on the list, it still is possible to obtain an inherent authority expungement – meaning that only the court’s records can be sealed, but other agencies that have a copy of the record will put a notation on the record stating that the court granted an expungement. This list only applies to a felony conviction. In the event that you were charged with a felony, and your case was resolved with no convictions (through a not-guilty verdict, a dismissal, a diversion program, or stay of adjudication), you still qualify for a statutory expungement.

Here are some of the most common felony convictions that are not eligible for statutory expungement but may be considered for inherent authority expungement.

  • Felony DWI
  • Felony Assault
  • Felony Criminal Sexual Conduct
  • Felony Burglary
  • Felony Offenses Requiring Registration
  • Felony Terroristic Threats
  • Felony Domestic Assault
  • Felony 1st–4th Degree Drug Offenses

The most common felony convictions in Minnesota that are eligible for statutory expungement are:

  • Theft of property less than $5000
  • 5th Degree Drug Crimes
  • Receiving Stolen Property
  • Forgery; Financial Transaction Card Fraud
  • Criminal Damage to Property

Oftentimes, judges stay imposition of a sentence, which means the felony conviction is reduced to a misdemeanor with completion of probation. However, this reduction may not affect the conviction to make it expungeable.

For a full list of felony offenses in Minnesota that can be statutorily expunged, see Minn. Stat. § 609A.02, subd. 3(b).

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