Expungement / Record Sealing Petition and Eligibility Memo — Minnesota

Expungement / Record Sealing Petition and Eligibility Memo (MINNESOTA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [Client Name]
FROM: [Attorney Name], [Firm]
RE: Eligibility for Expungement Under Minnesota Law (Minn. Stat. ch. 609A)
DATE: [__/__/____]

1. Executive Summary

Minnesota's Clean Slate Act (codified at Minn. Stat. § 609A.015, effective January 1, 2025) created a robust automatic-expungement framework that requires no petition for most eligible records. The Bureau of Criminal Apprehension (BCA) identifies eligible records, forwards them to the judicial branch, and — unless a court issues an order prohibiting sealing within 60 days — the records are sealed administratively. Petition-based expungement under § 609A.02 remains essential where (a) the record is excluded from automatic relief, (b) the petitioner needs faster relief than the BCA's incremental processing, or (c) inherent-authority expungement is sought for cases not covered by statute. This memo evaluates [Client]'s eligibility under both paths.

2. Client Record Summary

3. Path 1 — Automatic Expungement Under § 609A.015

3.1 Dismissal / Exoneration (subd. 1)

☐ All charges dismissed after case filed (NOT based on incompetency finding)
☐ § 152.18 dismissal-and-discharge (controlled substance)
☐ All actions resolved in petitioner's favor (including § 590.11 exoneration order)
☐ Result: ELIGIBLE IMMEDIATELY — no waiting period

3.2 Diversion / Stay of Adjudication (subd. 2)

☐ Petitioner successfully completed diversion or stay of adjudication for a non-felony qualifying offense
☐ 1 year has elapsed since completion
☐ No new offense charged in Minnesota (other than petty misdemeanor) during that year
☐ Result: ELIGIBLE — automatic

3.3 Conviction Waiting Periods (subd. 3)

☐ Petty misdemeanor — 2 years from discharge
☐ Misdemeanor — 2 years (NOT 4th-degree DWI, OFP violation, 5th-degree assault, domestic assault, harassment, indecent exposure, interference with privacy, DANCO violation, interference with emergency call, obscene phone calls)
☐ Gross misdemeanor — 3 years (NOT 2nd/3rd-degree DWI, OFP violation, criminal vehicular operation, 4th/5th-degree assault, domestic assault, criminal neglect, 5th-degree CSC, malicious punishment of a child)
☐ Felony — 5 years (only enumerated felonies in subd. 3(b)(4)); 4 years for § 152.025 felony controlled substance
☐ No new conviction (other than petty misdemeanor) during waiting period
☐ No pending non-petty charges at time of review
☐ All LFOs paid; no active warrants; no active DANCO
☐ Entire case (all charges in the file) must qualify (per Supreme Court 6/20/2025 order)
☐ Result: ELIGIBLE — automatic; BCA forwards to court; 60-day judicial review

4. Path 2 — Petition-Based Expungement Under § 609A.02

If automatic expungement is unavailable or [Client] needs faster relief, petition-based expungement under § 609A.02 is the appropriate path.

Statutory exclusions (subd. 3(b)): sex offenses requiring registration; 1st- and 2nd-degree murder; certain DWI; certain domestic violence and assault convictions.

Burden allocation:

• For NON-CONVICTION records (subd. 3(a)(1)) and DIVERSION (subd. 3(a)(2)): court SHALL grant unless prosecutor shows by clear & convincing evidence that retention is in public interest.
• For CONVICTION records (subd. 3(a)(3)-(5)): same burden — petitioner shows entitlement; prosecutor may object; court applies twelve-factor analysis under § 609A.03, subd. 5(c).

5. Path 3 — Inherent-Authority Expungement (fallback)

If statutory expungement is unavailable, Minnesota courts retain inherent authority to expunge their OWN (judicial-branch) records. Inherent authority does NOT reach BCA or executive-agency records. State v. Ambaye, 616 N.W.2d 256 (Minn. 2000); State v. C.A., 304 N.W.2d 353 (Minn. 1981). Petitioner bears the burden of demonstrating that the benefit to the petitioner is commensurate with the disadvantages to the public.

6. Agency Carve-Outs (CRITICAL for licensed-profession clients)

Per § 609A.015, subd. 1(d), 2(c), and 3(d), an automatic expungement order does NOT reach records held by:

• Commissioner of children, youth, and families
• Commissioner of health
• Commissioner of human services

For clients seeking licensure in childcare, foster care, healthcare, nursing, social work, or similar fields, the underlying record may persist in agency files even after automatic expungement. A § 609A.02 petition expressly directed to those agencies (with proper service under subd. 3) is required if the petitioner needs the record sealed from those custodians; even then, some agency records may be statutorily immune from court-ordered sealing.

7. Recommended Path

Based on the foregoing: ☐ Wait for automatic expungement under § 609A.015 — ☐ File § 609A.02 petition now for faster relief — ☐ File § 609A.02 petition because record excluded from automatic relief — ☐ Inherent-authority motion — ☐ Pay outstanding LFOs / resolve DANCO before § 609A.015 eligibility kicks in — ☐ Not eligible at this time; revisit after [__] additional months.

8. Practical Considerations

• Federal firearms: Minnesota expungement does NOT automatically restore federal firearms rights (18 U.S.C. § 922(g)). State firearms rights may be restored under Minn. Stat. § 609.165.
• Immigration: Expungement does NOT eliminate immigration consequences; the conviction remains a "conviction" under 8 U.S.C. § 1101(a)(48).
• Subsequent unsealing: A sealed record may be opened for sentencing in a later criminal case, for criminal-justice purposes, and (under some circumstances) for sex-offender notification.
• Background checks: Private CRAs may continue to report sealed records until their databases are refreshed; FCRA dispute letters under 15 U.S.C. § 1681i(a) are often required.
• Notification: § 609A.015 does NOT guarantee notification to the petitioner when automatic expungement occurs. Maintain a current address with the court.

Part B — Petition Template

STATE OF MINNESOTA
DISTRICT COURT
[_____________] JUDICIAL DISTRICT
COUNTY OF [_____________]

Court File No.: [____________]

Petitioner: [CLIENT NAME]
Attorney for Petitioner: [ATTORNEY NAME], MN Bar No. [______]
[Firm Name, Address, Telephone, Email]

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PURSUANT TO MINN. STAT. § 609A.02

Petitioner [CLIENT NAME] respectfully petitions this Court for an order sealing all records pertaining to the criminal matter identified below pursuant to Minn. Stat. § 609A.02 and § 609A.03, and in support states:

I. Petitioner Information

1. Full legal name (and any aliases): [____________]
2. Date of birth: [__/__/____]
3. Current address: [____________]
4. Driver's license/state ID number: [____________]

II. Case Information

5. Court file number: [____________]
6. Date of arrest: [__/__/____]
7. Arresting agency: [____________]
8. Charge(s): [____________], in violation of Minn. Stat. § [__________], a [petty misdemeanor / misdemeanor / gross misdemeanor / felony]
9. Date of disposition: [__/__/____]
10. Type of disposition: [conviction / stay of adjudication / stay of imposition / diversion / dismissal / § 152.18 discharge]
11. Sentence imposed: [____________]
12. Date of discharge from probation or sentence: [__/__/____]
13. All fines, fees, and restitution paid: [yes / no — provide details]

III. Statutory Basis and Waiting Period

14. Petitioner seeks expungement under Minn. Stat. § 609A.02, subd. 3(a)([1/2/3/4/5]).
15. The applicable waiting period is [none / 1 / 2 / 4 / 5] year(s).
16. More than the applicable waiting period has elapsed since [final disposition / discharge from sentence / completion of diversion].
17. The offense is NOT subject to the statutory exclusions in § 609A.02, subd. 3(b).

IV. Criminal History

18. A complete list of Petitioner's Minnesota criminal history is attached as Exhibit A.
19. Petitioner has not been convicted of any non-petty offense in Minnesota during the applicable waiting period.
20. Petitioner has no pending criminal charges in any jurisdiction.

V. Factors Supporting Expungement (§ 609A.03, subd. 5(c))

21. Nature and seriousness of the offense: [____________]
22. Risk to public safety from sealing: [____________]
23. Length and consistency of rehabilitation: [____________]
24. Aggravating or mitigating factors at the time of offense: [____________]
25. Reason for the expungement (employment, housing, education, licensing, etc.): [____________]
26. Petitioner's cooperation with law enforcement and the courts: [____________]
27. Time since the offense: [____________]
28. Petitioner's age at the time of offense and now: [____________]
29. Adverse consequences Petitioner has suffered from public availability of the record: [____________]
30. Any record of subsequent criminal activity: [____________]
31. Whether expungement will reduce the risk Petitioner will engage in future criminal activity: [____________]
32. Any other relevant factor: [____________]

VI. Custodians of Records (§ 609A.03, subd. 3)

The following state and local agencies hold records sought to be sealed:

☐ Minnesota Bureau of Criminal Apprehension (BCA)
☐ District Court Administrator, [_____________] County
☐ [Arresting law enforcement agency]
☐ [County Attorney / City Attorney — prosecuting authority]
☐ [Department of Corrections / probation]
☐ [Department of Human Services / Department of Children, Youth & Families / Department of Health — if applicable]
☐ [Other: ____________]

VII. Prayer for Relief

WHEREFORE, Petitioner respectfully prays for an Order:

A. Sealing all records of the above-captioned matter held by the identified agencies pursuant to Minn. Stat. § 609A.02;
B. Directing each agency to respond to all non-law-enforcement inquiries as if no record exists;
C. Notifying the Bureau of Criminal Apprehension and all listed custodians of the Order;
D. Granting such further relief as the Court deems just and proper.

Dated: [__/__/____]

[ATTORNEY NAME], MN Bar No. [______]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Petitioner

VERIFICATION

I, [CLIENT NAME], declare under penalty of perjury under the laws of the State of Minnesota that the foregoing Petition is true and correct to the best of my knowledge and belief.

_______________________________
[CLIENT NAME]
Date: [__/__/____]

CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of this Petition, with all exhibits, was served on each of the following by [U.S. mail, postage prepaid / e-service via Minnesota Courts e-File] at least 63 days before the hearing date, as required by Minn. Stat. § 609A.03, subd. 3:

• Minnesota Bureau of Criminal Apprehension, 1430 Maryland Ave. E., St. Paul, MN 55106
• [County Attorney / City Attorney] for [_____________] County
• [Arresting law enforcement agency]
• [Each other listed custodian]

_______________________________
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

☐ Run full criminal history (BCA records + MCRO + every county with prior cases)
☐ Confirm offense level and statute of conviction
☐ Verify all LFOs paid; obtain payment-history printout
☐ Confirm no active warrants or DANCOs
☐ Determine automatic vs. petition path (§ 609A.015 vs. § 609A.02)
☐ If automatic-eligible: confirm whether BCA has already initiated review; if not urgent, advise client to wait
☐ If petition: confirm waiting period under § 609A.02 has elapsed
☐ Identify ALL custodians holding records (BCA, court, prosecutor, arresting agency, DOC, probation, agency licensing files)

Drafting

☐ Use Minnesota Judicial Branch petition form (CRI301 / CRI302 for felony, gross misdemeanor; CRI303 for misdemeanor) where possible
☐ Address all twelve factors under § 609A.03, subd. 5(c)
☐ Attach criminal history printout as Exhibit A
☐ Attach proof of LFO payment as Exhibit B
☐ Attach proof of discharge from probation/sentence as Exhibit C
☐ Attach rehabilitation evidence (employment, education, treatment, references) as Exhibit D
☐ Identify each custodian by name and address in the Certificate of Service
☐ Prepare proposed Order

Filing & Service

☐ E-file via Minnesota Courts e-File in the district court of conviction
☐ Pay filing fee (verify current schedule — ~$325 felony / ~$300 gross misdemeanor / ~$75 misdemeanor) OR file IFP application
☐ Serve BCA at 1430 Maryland Ave. E., St. Paul, MN 55106
☐ Serve prosecuting attorney for the county/city of conviction
☐ Serve EVERY agency holding records — at least 63 days before the hearing (§ 609A.03, subd. 3)
☐ Calendar hearing date
☐ File Affidavit of Service

Hearing

☐ Bring original criminal history, all exhibits, and rehabilitation witnesses
☐ Be prepared to address each § 609A.03, subd. 5(c) factor
☐ Anticipate prosecutor's clear-and-convincing-evidence burden (for non-conviction records and § 152.18 dismissals)
☐ For conviction-record petitions, address all twelve factors and any agency objection
☐ Address any DHS/CYF/Health concerns if licensure is at stake

Post-Order

☐ Obtain certified copies of Order from court (request at least 5)
☐ Send certified copy to BCA, prosecutor, and each custodian
☐ Confirm BCA processing within 60 days
☐ Send FCRA dispute letters to private CRAs reporting the sealed record
☐ Advise client: federal firearms disability NOT removed; immigration consequences NOT eliminated; record may be unsealed for future sentencing
☐ Provide client with a copy of the certified Order for personal records
☐ If application for licensure is pending, send certified Order directly to the licensing agency

Sources and References

• Minn. Stat. ch. 609A (Expungement of Criminal Records): https://www.revisor.mn.gov/statutes/cite/609A
• Minn. Stat. § 609A.015 (Clean Slate — Automatic Expungement): https://www.revisor.mn.gov/statutes/cite/609A.015
• Minn. Stat. § 609A.02 (Grounds for Expungement — Petition): https://www.revisor.mn.gov/statutes/cite/609A.02
• Minn. Stat. § 609A.03 (Petition — Procedure): https://www.revisor.mn.gov/statutes/cite/609A.03
• Minn. Stat. § 152.18 (Controlled Substance Discharge): https://www.revisor.mn.gov/statutes/cite/152.18
• Minnesota Judicial Branch — Criminal Expungement Help Topic: https://www.mncourts.gov/help-topics/criminal-expungement
• Minnesota Judicial Branch — Expungement Forms (CRI301 / CRI302 / CRI303): https://www.mncourts.gov/Forms.aspx
• Minnesota BCA — Automatic Expungement / Clean Slate Status: https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements
• Minnesota Attorney General — Expungement of Criminal Records: https://www.ag.state.mn.us/Consumer/Publications/Expungement.asp
• State v. Ambaye, 616 N.W.2d 256 (Minn. 2000) — inherent authority limited to judicial-branch records
• State v. C.A., 304 N.W.2d 353 (Minn. 1981) — inherent-authority test
• Minn. Laws 2023, ch. 52, art. 7, § 12 (Clean Slate Act enactment)