Read Minn. Stat. § 609A.03 when the issue is expunging certain criminal records. The statute says: “An individual who is the subject of a criminal record who is seeking the expungement of the record shall file a petition under this section and pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1).”
Read Minn. Stat. § 609A.015 when the issue is automatic expungement of records. This relief can move without a petition in every case. The statute says: “(a) A person who is the subject of a criminal record or delinquency record is eligible for a grant of expungement relief without the filing of a petition: (1) if the person was arrested and all charges were dismissed after a…”
Read Minn. Stat. § 609A.055 when the issue is automatic expungement of certain cannabis offenses. This relief can move without a petition in every case. The statute says: “(a) A person is eligible for expungement: (1) upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.”
Minn. Stat. § 609A.06 deals with expungement and resentencing of felony cannabis offenses. The statute says: “(a) The Cannabis Expungement Board is created with the powers and duties established by law.”
Minn. Stat. § 609A.017 deals with mistaken identity; automatic expungement. This relief can move without a petition in every case. The statute says: “(b) 'Conviction' means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.”
When a different section applies
Read Minn. Stat. § 609A.01 when the issue is expunging certain criminal records. The statute says: “This chapter provides the grounds and procedures for expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under sections 609A.015, 609A.017, or 609A.035, or a petition is authorized under section 609A.”
The petition and the sections next to it
Where petitions fail
State of Minnesota v. R.H.B., 2012 Minn. LEXIS 527 (2012) is worth reading in full. The opinion puts it this way: “The statute creates a two-step procedure: a petitioner whose criminal proceedings were resolved in his or her favor may petition for expungement and is presumptively entitled to it; the opposing agency may prevent expungement only by establishing by clear and convincing…”
State of Minnesota v. Stephen Matthew Schultz, 2004 Minn. App. LEXIS 304 (2004) is worth reading in full. The opinion puts it this way: “The Texas Supreme Court reversed the limited reformation, finding that the “law governing expunction of criminal records creates a unique situation in which all persons and agencies party to an expunction action share not only interwoven but identical interests.”
State of Minnesota v. L.W.J., 2006 Minn. App. LEXIS 105 (2006) is worth reading in full. The opinion puts it this way: “Subdivision 5(b) provides that: if the petitioner is petitioning for the sealing of a criminal record under section 609A.”
Read in this order
- Open Minn. Stat. § 609A.03 and read the part on expunging certain criminal records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Minnesota county uses, then check the form against Minn. Stat. § 609A.03.
- Then read State of Minnesota v. R.H.B., 2012 Minn. LEXIS 527 (2012). That is a Minnesota court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Minnesota?
Minn. Stat. § 609A.03 deals with expunging certain criminal records. The statute says: “An individual who is the subject of a criminal record who is seeking the expungement of the record shall file a petition under this section and pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1).”
How have Minnesota courts ruled on expungement?
State of Minnesota v. R.H.B., 2012 Minn. LEXIS 527 (2012) “The statute creates a two-step procedure: a petitioner whose criminal proceedings were resolved in his or her favor may petition for expungement and is presumptively entitled to it; the opposing agency may prevent expungement only by establishing by clear and convincing…”
County practice in Minnesota can add a local form. It cannot replace Minn. Stat. § 609A.03.