**STATE OF MINNESOTA

DISTRICT COURT — [COUNTY] JUDICIAL DISTRICT**
Court File No.: [COURT FILE NO.]

In the Matter of the Application of
[PETITIONER FULL LEGAL NAME],
Date of Birth: [MM/DD/YYYY],
Petitioner,

for Expungement of Criminal Records.

PETITION FOR EXPUNGEMENT

(Sealing of Criminal Records)
Minn. Stat. §§ 609A.01 – 609A.04; Minn. R. Crim. P. 27.07

[// GUIDANCE: Practitioners typically title the pleading “Petition for Expungement” or “Notice of Motion and Petition for Expungement.” Both are acceptable provided local rule compliance.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Effective Date. This Petition is deemed filed on the date reflected in the court clerk’s “Filed” stamp (“Effective Date”).
2. Jurisdiction & Venue. Venue is proper in the District Court of [COUNTY] County, Minnesota, under Minn. Stat. §§ 609A.03, subd. 2 & 487.21.
3. Recitals.
   a. On [DISPOSITION DATE], Petitioner was [describe disposition—e.g., “convicted of” / “received a stay of imposition for” / “charges were dismissed for”] [OFFENSE TITLE], a [petty misdemeanor/misdemeanor/gross misdemeanor/felony] in violation of [STATUTE CITED].
   b. Petitioner has satisfied all conditions of sentence and completed the statutory waiting period without a subsequent conviction.
   c. Petitioner seeks statutory expungement of all executive-branch, judicial-branch, and private agency records relating to the above-captioned offense.

II. DEFINITIONS

For clarity and as used herein:

“Agencies” means the Minnesota Judicial Branch, the Bureau of Criminal Apprehension (“BCA”), the Department of Public Safety (“DPS”), local law-enforcement agencies, county attorney’s offices, city attorney’s offices, the Department of Corrections, and any other governmental entity identified in Exhibit A that maintains records subject to this Petition.

“Eligible Offense” means an offense described in Minn. Stat. § 609A.02, subd. [1/2/3/4] that qualifies for expungement.

“Waiting Period” means the statutorily mandated period of (a) two years for petty misdemeanors and misdemeanors, (b) four years for gross misdemeanors, or (c) five years for enumerated felonies, calculated from the date Petitioner completed sentence, probation, or stayed sentence as applicable. Minn. Stat. § 609A.02, subd. 3–4.

“Sealing Relief” means an order directing Agencies to seal, return, destroy, or otherwise make inaccessible the subject criminal records, with such limited statutory exceptions as set forth in Minn. Stat. § 609A.03, subd. 7a.

[// GUIDANCE: Add or delete defined terms as your fact pattern requires. Cross-references auto-update if term spelling is consistent.]

III. OPERATIVE PROVISIONS

3.1 Petition Statement. Petitioner respectfully petitions this Court under Minn. Stat. §§ 609A.02–.03 for an order granting Sealing Relief for the Eligible Offense.

3.2 Grounds for Relief.
a. Statutory Eligibility. Petitioner’s offense falls under Minn. Stat. § 609A.02, subd. [SELECT SUBDIVISION]; the Waiting Period has fully elapsed; no charges are currently pending; and Petitioner has not been convicted of a new crime during said period.
b. Interests of Justice. Petitioner has demonstrated rehabilitation, continued law-abiding behavior, and a compelling need to secure housing/employment/licensure that outweighs any public-safety risk.

3.3 Relief Requested. Petitioner requests that the Court:
(i) Order Sealing Relief for all Agencies;
(ii) Direct Agencies to send written confirmation of compliance within 60 days;
(iii) Schedule a return hearing only upon written objection filed within the time allowed by statute; and
(iv) Grant such other and further relief as the Court deems just.

3.4 Hearing & Service Compliance. Petitioner will serve this Petition, notice of hearing, and proposed order on all Agencies no fewer than 63 days before the scheduled hearing, in strict compliance with Minn. Stat. § 609A.03, subd. 3.

IV. REPRESENTATIONS & WARRANTIES

4.1 Accuracy of Information. Petitioner affirms under oath that all factual statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.

4.2 No Pending Investigations. Petitioner represents that no criminal charges or investigations are pending in any jurisdiction.

4.3 Compliance with Court Orders. Petitioner has fully satisfied all terms, conditions, fines, fees, and restitution obligations associated with the Eligible Offense.

4.4 Survival. The representations and warranties in this Section IV survive the Court’s ruling on this Petition.

V. COVENANTS & RESTRICTIONS

5.1 Future Conduct. Petitioner covenants to remain law-abiding and understands that a future felony or gross-misdemeanor conviction may allow for the reopened examination of sealed records under Minn. Stat. § 609A.03, subd. 7(b).

5.2 Notification Obligation. Petitioner shall promptly notify the Court and all served Agencies if Petitioner becomes subject to new criminal charges before the hearing date.

VI. DEFAULT & REMEDIES

6.1 Agency Objection. Failure of any Agency to file a timely written objection constitutes a waiver of opposition to the requested Sealing Relief. Minn. Stat. § 609A.03, subd. 5(b).

6.2 Non-Compliance Remedy. If an Agency fails to seal or return records as ordered, Petitioner may move the Court for contempt sanctions and an award of attorney’s fees. Minn. Stat. § 609A.03, subd. 9.

VII. RISK ALLOCATION

[Not applicable—this pleading seeks judicial relief and does not allocate inter-party liability. Included solely to maintain numbering integrity requested by client specifications.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Petition is governed exclusively by the laws of the State of Minnesota, including Minn. Stat. chs. 609A & 480 and Minn. R. Crim. P. 27.

8.2 Forum Selection. Any dispute regarding this Petition shall be heard solely in the District Court of [COUNTY] County, Minnesota (“state_criminal_court”).

8.3 Arbitration; Jury Waiver. Not applicable.

8.4 Injunctive Relief. Nothing herein limits the Court’s inherent authority to enforce its expungement order through injunctive or contempt remedies.

IX. GENERAL PROVISIONS

9.1 Severability. If any provision of this Petition is deemed unenforceable, the remainder shall remain in full force to the maximum extent permitted by law.

9.2 Entire Petition. This document, together with any exhibits and the proposed order, constitutes the complete application for expungement.

9.3 Amendment & Waiver. This Petition may be amended only by written filing; no oral waiver or modification is recognized.

9.4 Electronic Filing & Service. Petitioner consents to e-filing and e-service under Minn. Gen. R. Prac. 14.

X. EXECUTION BLOCK

DATED: ____

Respectfully submitted,

[PETITIONER FULL LEGAL NAME]
[Street Address]
[City, State ZIP]
[Telephone] | [Email]

[// GUIDANCE: If represented, replace with attorney signature block per Minn. R. Gen. Prac. 119.]

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury pursuant to Minn. Stat. § 358.116 that I have read this Petition and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER SIGNATURE]
Date: _______

NOTARIZATION (if local rule requires)

State of Minnesota )
) ss.
County of [COUNTY] )

Subscribed and sworn before me on ____, 20____, by [PETITIONER NAME].

Notary Public
My Commission Expires: _____

EXHIBIT A — LIST OF AGENCIES TO BE SERVED

1. Bureau of Criminal Apprehension (BCA)
2. Minnesota Judicial Branch, Records Division
3. Minnesota Department of Public Safety, Driver & Vehicle Services
4. [COUNTY] County Sheriff’s Office
5. [COUNTY] County Attorney’s Office
6. [ARRESTING CITY] Police Department
7. City Attorney for [ARRESTING CITY]
8. Department of Corrections, Records Unit
9. Any other Agency known to maintain responsive records

[// GUIDANCE: Review discovery, plea, or charging documents to identify every entity that generated or now retains a record. Inexpensive background-check services can assist.]

DRAFTING NOTES & PRACTICAL GUIDANCE

• Eligibility Matrix. Confirm offense type and waiting period under Minn. Stat. § 609A.02. Attach docket, sentencing-order, or diversion-program documentation if available.

• Timing. Minnesota mandates a 63-day notice period. Calculate backwards from desired hearing date and account for mailing delays.

• Filing Fees & IFP. Consider an In Forma Pauperis motion (Minn. Stat. § 563.01) where indigency exists.

• Proposed Order. Always file a separate proposed order mirroring the Agencies list in Exhibit A.

• Sealed Record Access. Statute automatically preserves limited law-enforcement access (Minn. Stat. § 609A.03, subd. 7a). Do not over-draft the proposed order to restrict that statutory carve-out.

• Victim Notification. Some prosecutors notify victims; ensure hearing date accommodates any victim-impact input.

• Criminal History Audit. Run a BCA report to ensure no overlooked offenses jeopardize eligibility.

[// GUIDANCE: Delete this guidance block before final filing.]

© [Year]. Prepared for professional legal use; further customization required for specific fact patterns.