Expungement / Record Sealing Petition and Eligibility Memo — Minnesota

Minnesota Expungement Eligibility Memo and Petition Workpaper

Quick Reference

PART A — ELIGIBILITY MEMO

1. Client and Record Inventory

2. Automatic Expungement — § 609A.015

2.1 Favorable dispositions

Automatic relief may apply when:

• the person was arrested and every charge was dismissed after filing, unless dismissal was based on incompetency;
• qualifying possession proceedings were dismissed and discharged under § 152.18, subdivision 1; or
• all pending actions or proceedings were resolved in the person's favor.

A not-guilty-by-reason-of-mental-illness verdict is not a favorable resolution for this section.

2.2 Diversion or stay of adjudication

The offense must be a qualifying nonfelony; the person must successfully complete diversion or the stay; and for one year after completion, or during the year before a later annual review, the person must not be petitioned or charged in Minnesota with a new offense other than a petty misdemeanor.

2.3 Qualifying convictions and waits

The qualifying-offense lists and exclusions are citation-specific. Confirm the exact offense against current § 609A.015, subdivision 3(b), rather than relying on the offense-level label alone. A felony or gross misdemeanor that is later deemed a lower level can remain ineligible under subdivision 3(d).

2.4 BCA workflow and limits

The BCA makes an initial eligibility determination within 30 days after the waiting period and, if the record is not then eligible, makes later annual determinations. For a qualifying record, the BCA seals its own record 60 days after notice to the judicial branch unless the court prohibits sealing or new information establishes ineligibility. The BCA notifies the judicial branch and affected law-enforcement agencies.

The automatic order does not apply to records held by the commissioners of children, youth, and families; health; and human services. The BCA states it cannot notify individuals because its criminal-history system lacks their contact information. Verify relief through current BCA and court records.

2.5 August 1, 2026 change

2026 Minn. Laws ch. 70, § 5, effective August 1, 2026 under § 645.02, adds a procedure for the BCA and judicial branch to unseal an automatically sealed record later determined from the BCA criminal-history system not to have qualified. Re-check the effective statute for any use on or after that date.

3. Prosecutor-Agreement Route — § 609A.025

If the prosecutor agrees to seal a record of a person described in § 609A.02, subdivision 3, the court must seal without a petition unless public and public-safety interests outweigh the disadvantages of leaving the record unsealed. Before agreeing, the prosecutor must make a good-faith effort to notify identifiable victims of the agreement and opportunity to object.

☐ Prosecutor agreement is available.

☐ Victim-notice process has been addressed by the prosecutor.

☐ A petition remains necessary because agreement is unavailable or the requested agency relief requires petition service.

4. Petition-Based Grounds — § 609A.02

Separate routes exist under § 609A.02, subdivision 1 for specified § 152.18 dismissals and subdivision 2 for a juvenile prosecuted as an adult after the required correctional discharge or probation completion.

5. Petition Standard — § 609A.03, Subdivision 5

Favorable resolution or diversion/stay

For § 609A.02, subdivision 3(a)(1) or (2), the court generally must grant relief unless an affected agency or jurisdiction proves by clear and convincing evidence that public and public-safety interests outweigh the disadvantages to the petitioner of not sealing the record.

Conviction and other general-standard petitions

The petitioner must prove by clear and convincing evidence that sealing would yield a benefit commensurate with the public and public-safety disadvantages and the burden on courts and public authorities.

Analyze all twelve factors:

1. Nature and severity of the underlying crime.
2. Risk to individuals or society.
3. Time since the crime.
4. Rehabilitation.
5. Aggravating or mitigating circumstances and level of participation.
6. Reasons for expungement, including efforts to obtain employment, housing, or necessities.
7. Criminal record.
8. Employment and community involvement.
9. Official recommendations.
10. Victim recommendations and whether victims were minors.
11. Outstanding restitution, past payment efforts, and measures for future payment.
12. Other relevant factors.

6. Effect and Access

An order may seal the record, prevent disclosure of its existence, and restrict opening, but records must not be destroyed or returned. Section 609A.03, subdivision 7a preserves specified access or exchange for criminal investigations, prosecution, sentencing, correctional services, criminal-justice employment, background studies, educator background checks, limited victim requests, prosecutor use, and requests by the record subject.

For a crime of violence, the order must preserve the statutory firearms restriction unless separate relief has restored eligibility. Do not represent that expungement itself restores firearm rights.

PART B — EXP102 PREPARATION WORKPAPER

Transfer the completed information to current EXP102. Prepare EXP104 and the correct
EXP105, EXP106, or EXP107 proposed order. Prepare a separate set for each court file.

1. Caption and Hearing

2. Statutory Petition Contents

☐ Full name, all aliases, date of birth, current address, and every address since the offense.

☐ Detailed reason for expungement, legal authority, and specific need.

☐ Offense/arrest details, date, jurisdiction, file number, disposition, victim information, and protection/no-contact-order history.

☐ Copies of required current or prior protective orders.

☐ Rehabilitation facts for a conviction.

☐ Complete conviction record in Minnesota and comparable convictions elsewhere.

☐ Complete prior and pending charge record, including dismissal continuances, stays, and diversions.

☐ Every prior pardon, arrest-record return, expungement, and sealing request and every stay of adjudication or imposition.

3. Supporting Narrative

4. Service Plan

Section 609A.03, subdivision 3 requires service by mail of the petition and proposed order on the prosecutor, every affected government agency or jurisdiction, and counsel for each. Follow current EXP101 and EXP104 rather than relying on a generic list.

☐ BCA and Minnesota Attorney General.

☐ Minnesota Department of Corrections and county probation/court services.

☐ County attorney and, if applicable, city attorney.

☐ County sheriff and arresting police department.

☐ Other affected agency, including licensing or background-study agencies only after route-specific review.

☐ Service completed by mail at least 63 days before the hearing.

☐ EXP104 completed by the person who mailed the documents.

5. Filing and Hearing

☐ Confirm the filing fee with the court administrator; no fee applies to a favorable-resolution petition, and an indigency waiver may be requested elsewhere.

☐ File original EXP102, proposed order, and EXP104 promptly after service.

☐ Attend the hearing with evidence supporting eligibility, burden, and statutory factors.

☐ Do not treat lack of an objection as automatic entitlement to relief.

☐ Request agency confirmation in the petition if desired under § 609A.03, subdivision 8(b).

6. Post-Order

☐ Keep a certified copy of the order.

☐ Calendar the 60-day automatic stay and appeal period.

☐ Resolve any remaining restitution or other financial obligation that current court forms identify as delaying sealing.

☐ Confirm sealing with affected agencies after the stay and any appeal.

☐ Preserve needed records for immigration or other future proceedings before public access changes.

OFFICIAL SOURCES

• Minn. Stat. § 609A.01: https://www.revisor.mn.gov/statutes/cite/609A.01
• Minn. Stat. § 609A.015: https://www.revisor.mn.gov/statutes/cite/609A.015
• Minn. Stat. § 609A.02: https://www.revisor.mn.gov/statutes/cite/609A.02
• Minn. Stat. § 609A.025: https://www.revisor.mn.gov/statutes/cite/609A.025
• Minn. Stat. § 609A.03: https://www.revisor.mn.gov/statutes/cite/609A.03
• Minn. Stat. § 609A.04: https://www.revisor.mn.gov/statutes/cite/609A.04
• Minn. Stat. § 152.18: https://www.revisor.mn.gov/statutes/cite/152.18
• 2026 Minn. Laws ch. 70, § 5: https://www.revisor.mn.gov/laws/2026/0/70/laws.0.5.0
• Minn. Stat. § 645.02: https://www.revisor.mn.gov/statutes/cite/645.02
• Minnesota Judicial Branch form packet: https://mncourts.gov/getforms/criminal-expungement/forms-packet-expungement-sealing-of-a-criminal-record
• Minnesota Judicial Branch criminal-expungement help: https://mncourts.gov/help-topics/criminal-expungement
• Minnesota BCA expungement status: https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements