Can You Expunge or Seal a Criminal Record — and What Are the Requirements?

Understanding Record Expungement and Sealing in Minnesota

If you have a criminal record, you may wonder whether it’s possible to remove it from public view. In Minnesota, individuals have options to expunge or seal certain criminal records, but eligibility and requirements vary depending on the type of offense, the outcome of the case, and how much time has passed. Understanding the process is crucial to protecting your future employment, housing, and personal opportunities.

What Is Expungement?

Expungement is the legal process of removing a criminal record from public access. When a record is expunged, it is as if the case never occurred for most purposes, including background checks. This option is typically available for:

Misdemeanor offenses
Certain gross misdemeanors
Cases that did not result in a conviction

Some felony convictions may be eligible for expungement under limited circumstances, but serious crimes are generally excluded. It’s important to note that expunged records may still be visible to law enforcement and certain government agencies.

What Is Sealing?

Sealing a record does not completely remove it but restricts public access. A sealed record generally cannot be seen by employers, landlords, or most private parties, though government agencies and law enforcement may still have access. Sealing is often used for:

Dismissed cases
Convictions for minor offenses after a waiting period

Sealing provides protection while still acknowledging that a record exists for official purposes.

Key Requirements

While expungement and sealing can vary depending on your situation, some general requirements include:

Time Since Case Resolution: Many cases require a waiting period after the final disposition of the case, which can range from a few years for misdemeanors to longer periods for certain gross misdemeanors or felonies.
Type of Offense: Not all offenses are eligible. Violent crimes, serious felonies, and certain drug-related convictions may be excluded.
No Pending Cases: You typically must not have other criminal matters ongoing in Minnesota.
Demonstrated Rehabilitation: The court may consider whether the individual has shown good conduct and rehabilitation since the case.

Because these requirements can be complex, legal guidance is essential. Small mistakes in the application process can result in delays or denials.

How the Process Works

The process generally involves filing a petition with the court in the jurisdiction where the case was handled. You may need to:

Obtain certified court records
Complete application forms accurately
Pay filing fees (which may vary)
Attend a hearing, if required

A skilled attorney can ensure all documentation is correct, advocate on your behalf, and help navigate the procedural requirements efficiently.

Benefits of Expunging or Sealing a Record

Clearing or restricting access to a criminal record can have meaningful effects, including:

Improving employment and housing opportunities
Allowing better access to professional licenses
Reducing the stigma associated with past offenses
Providing peace of mind for individuals and families

The process is not automatic, but the right legal guidance can significantly increase the chances of a favorable outcome.

24 Hour Criminal Lawyer Help

If you are considering expunging or sealing a criminal record in Minnesota, it’s important to act carefully and understand the requirements. Tamburino Law Group’s experienced attorneys help clients across Minneapolis, St. Paul, and throughout Minnesota navigate this process, ensuring petitions are prepared correctly and advocating for your rights every step of the way.

Contact us today at (612) 444-5020 to schedule a consultation and learn how we can help you move forward with a clean record.