Expungement of criminal records is the process of having a criminal record sealed or destroyed, making it inaccessible to the public and effectively removing the record of the arrest or conviction. In Minnesota’s Clean Slate Act now automates expungement for eligible nonviolent misdemeanour and petty offenses once the waiting period has passed, removing the need to petition the court whereby for eligible cannabis-related convictions (particularly misdemeanours) have already been expunged as of mid‑2024.
Eligibility to Expungement, in order to qualify for expungement there are two essentials conditions that must be satisfied by the court as follows:
Rehabilitation Period defines the period that a person must wait before an application can be made for the expungement of a conviction. This Period varies according to the sentence imposed by the Court and ranges from a minimum of three years for non-custodial sentences to a maximum of ten years for custodial sentences. The Rehabilitation Period is calculated from the date of the expiration of the term of imprisonment in the case of custodial sentences, and in other cases upon the satisfaction of the Court’s sentence.
An offender should not apply for an expungement until the relevant Rehabilitation Period has expired whereby the sentence imposed by the Court will determine the Rehabilitation Period that must lapse.
Where an offender is convicted of certain offences during the Rehabilitation Period, the record may become ineligible for expungement following the period given to the Defendant as follows:
Rehabilitation Periods for persons 18 years and above;
The rehabilitation period of a person under age of 18 years
As expungement of criminal records is concern in Minnesota there are offences which have been underlaid by the court to qualify for expungement as follows:
Eligibility Criteria:
Waiting Periods:
Disqualifying Offenses:
There are certain offenses that remain ineligible under Minnesota state statute. Examples include:
Expungement of criminal records can be highly beneficial since it provides several important benefits, both for individuals and society as a whole, the following breakdown are the benefit of expungement for criminal records.
It improves employment prospects in Minnesota whereby legally sealing criminal records are generally no longer on background checks once expunged, most employers cannot see an individual’s records and they can truthfully deny having one. In these circumstances the applicant is no longer required to disclose benchmark conviction for many positions. In the Minnesota courts co ensures applicant can make it past preliminary screening without bias. In the case of State v. N.G.K (Minn. App.2009) under Minnesota law states that properly granted expungements under clean slate statute can meaningfully remove barriers to employment for individuals with past convictions.[2]
This prevents most employers from viewing them and applicants are not required to disclose sealed convictions.
Landlords always run background checks when the applicants apply for a house. Once a convict is expunged under Minnesota State 484.014 eviction disappears from public court files and tenant screening reports[3]. An expunged record no longer appears in standard searches, improving the applicants’ chances of getting accepted for rentals especially in competitive markets like Minneapolis and St. Paul. Therefore, the landlord is prohibited from viewing these records allowing applicants to truthfully answer ‘NO’ when asked about past eviction. In the case of Housing & Redevelopment Authority of Duluth v. Young (2023) in this case the Minnesota Court of Appeals confirmed that the district court have inherent authority to expunge judicial eviction records similar to their authority in criminal matters. [4]
Once expungement is granted it ensures education opportunities, because many colleges including the University of Minnesota ask about criminal history especially sexual or violent offences. Therefore, a sealed conviction does not need to be disclosed allowing an applicant to proceed without stigma. The applicant can access financial aid such as FAFSA in which does not conduct criminal background check though it does ask applicants to reveal conviction history, with expungement applicants are not required to disclose sealed records hence reducing the risk of disqualification. [5]
While Minnesota courts have restricted their ability to expunge executive-branch criminal records solely for the purpose of aiding education or employment (e.g. M.D.T.), properly granted expungements under Sect. 609A of Minn. Statute bring tangible benefits to academic applicants, such benefits include; [6]
Individuals can apply to schools, professional training, and licensing streams without disclosing sealed criminal history.
Expungement in Minnesota is very powerful for it improves licensing prospects especially when statutory relief applies, whereby licensing boards for careers like teaching, nursing, real estate, childcare, law, and government contracting often require clean records. Expungement helps an individual to qualify or at least explains away earlier minor convictions in their past.
Courts must balance public interest with benefits to the Petitioner (person seeking an expungement). Considering the factors like:
In State v. R.P.C., R.H.B., and D.V.L. highlight the need for clear evidence of hardship and the limited reach of judicial authority to executive-held records.[7]
Beyond practical advantages, sealing a record helps reduce stigma, rebuild self-confidence, and reduce the anxiety of past mistakes affecting new opportunities to an individual. It often brings closure and psychological relief as it removes barriers to employment, housing, education and civil participation. This restores dignity and fosters social harmony which encourages rehabilitation and responsible citizenship. In the case of State v. R.P.C., R.H.B., and D.V.L [8] Established that expungement can be granted to prevent unconstitutional unfairness and is sometimes necessary to uphold the judiciary’s constitutional role in individual remediation.
Conclusively; Expungement in Minnesota seals your record—not erases it. It greatly improves an applicant’s access to housing, jobs, and licenses, but sealed records remain accessible to law enforcement, courts, and sometimes licensing or federal/immigration authorities. By confirming your eligibility, filing accurately, and leveraging state-supported clinics, an individual can successfully conclude the expungement process. If unsure, a qualified attorney or legal aid group can guide an applicant.
© 2026 Kotten Law Firm, Authors Nitoya Joram and Glen Kotten
[1] Sec. 609A.015 Minnesota Statutes
[2] State V. N.G.K (Minn. App 2009)
[3] Minnesota state 484.014
[4] Housing& Redevelopment Authority of Duluth V. Young (2023)
[5] Associate vice president for access and enrolment management and director of financial aid at James Madison University in Virginia
[6] Sec.609A of Minn Statute
[7] State v. R.P.C., R.H.B., and D.V.L
[8] Ibid