Grounds for Expungement

Minn. Stat. § 609A.02 spells out the statutory grounds for an expungement. In order to get the full remedy – i.e. sealing of the BCA records – you must be eligible for a statutory expungement. If you are not eligible, then you are left with an inherent authority expungement. The following are the statutory grounds for an expungement:

• Upon the dismissal and discharge from a diversion program for certain drug possession crimes.
• Convictions of juveniles who were prosecuted as adults.
• Proceedings resolved in your favor – essentially a not guilty verdict, outright dismissal, or other resolution where you never admitted guilt on the record.
• Stays of Adjudications and Diversion – You successfully completed the terms of the Stay or Diversion program and have not been charged with another crime for one-year.
• Petty Misdemeanors and Misdemeanors – Petty misdemeanor and misdemeanor convictions can be expunged if you have not been convicted of a new crime for at least two years since discharge from the sentence.
• Gross Misdemeanors – These convictions can be expunged if you have not been convicted of a new crime for at least three years since discharge from the sentence.
• A felony fifth-degree drug conviction and you have not been convicted of another crime for at least four years since discharge from the sentence.
• Stays of Imposition on Felonies - The statute now permits stays of imposition on felony convictions to be expungement. So, if your record was reduced by law from a felony conviction to either a gross misdemeanor or misdemeanor upon your successful completion of probation, then that record can be expunged so long as you have not been convicted of another crime for at least five years since discharge from the sentence.
• Certain enumerated felonies – The statute lists 50 felony convictions that may be expunged if you have not been convicted of a new crime for at least four years since discharge from the sentence. Notably, this permits expungements of 3rd and 4th degree drug possession records.

It is important to understand that the time limits prescribed above are merely the minimal time limit before which you may file for an expungement. Any conviction of an offense that requires registration as a predatory offender is not eligible for an expungement.

Understanding the Grounds for Expungement in Minnesota

You are seeking an expungement because you no longer want your past impacting your life moving forward. The new law is called the Second Chance Law for a reason – it is your second chance. You should hire a Minnesota expungement attorney so that you give yourself the best opportunity to get your second chance.

An attorney will know how to navigate the special procedures that need to be accounted for in serving and filing your petition. An attorney can help you turn a mediocre case into a good case by exploring how you can better present yourself to the court. And an attorney knows how to handle the multiple factors the court will consider when analyzing your case.