Which Cases Can and Cannot Be Expunged In Minnesota?

Jan13

Every state has a different process for expungement, and in Minnesota, that process only allows expungement for a certain set amount of cases. Minnesota Statutes section 609A.02, subd. 3(b) outlines fifty felonies that are expungeable under the Minnesota expungement statute. If the felony is on the list, it means it is expungeable. If it is not, it is more than likely that it cannot be expunged from your criminal record. This list only applies to a felony conviction. In the event that you were charged with a felony, however, your case was resolved with no convictions (through not-guilty verdict, dismissal, diversion, or adjudication), you may still qualify for a statutory expungement. Here are the most common felony convictions that are not eligible for 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 that are expungeable in Minnesota are:
-Theft of property less than $5000
-5th Degree Drug Crimes
-Receiving Stolen Property
-Forgery; Financial Transaction Card Fraud
-Criminal Damage to Property

Felony convictions that were reduced to misdemeanors are considered for statutory expungement in Minnesota. 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 expungeable felony offenses in Minnesota, see Minn. Stat. § 609A.02, subd. 3(b).

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