Minneapolis Expungement Attorney

Clear Your Criminal Record with Help from Tamburino Law Group

A past mistake or a single run-in with law enforcement should not dictate the trajectory of your entire life. Unfortunately, a criminal record can follow you for years, casting a shadow over your professional ambitions, housing opportunities, and personal reputation. Even an arrest that never resulted in a conviction can appear on public background checks, causing landlords, employers, and financial institutions to turn you away.

If you are tired of being held back by your past, a second chance is possible. Under Minnesota law, you may be eligible to have your criminal record sealed. At Tamburino Law Group, we help individuals move forward. Our Minneapolis expungement lawyers can evaluate your case, navigate the complex legal system, and fight to clear your name.

Clients trust our firm because we offer:

• More than 100 years of combined legal experience
• Former prosecutors on our legal team
• Extensive criminal defense knowledge
• Personalized legal guidance
• Aggressive advocacy for second chances
• Proven courtroom experience

The Minneapolis criminal defense attorneys at Tamburino Law Group may be able to help you achieve this goal. Contact our firm at (612) 444-5020 to learn more.

What Is Expungement?

In Minnesota, expungement is the legal process of sealing a criminal record so that it is no longer accessible to the public. It is a common misconception that an expunged record is completely destroyed or erased. Instead, the records are sealed and hidden from public view, including public search engines, background check companies, and ordinary employers or landlords.

Minnesota utilizes a statutory scheme that can grant either a full "statutory expungement" or an "inherent authority expungement." A statutory expungement is the most comprehensive form of relief because it orders both the court system and executive branch agencies (such as the Bureau of Criminal Apprehension, local police departments, and prosecutors) to seal their files. Once your record is successfully expunged, you can legally state that you have never been arrested or convicted of that specific crime on most standard job and housing applications.

Minnesota Expungement Laws Explained

Minnesota’s expungement laws have undergone significant transformations over the last decade. Historically, obtaining an expungement was an uphill battle, reserved only for a narrow margin of non-violent offenses or cases that resolved entirely in the defendant's favor.

The passage of Minnesota’s Second Chance Act dramatically expanded eligibility, allowing individuals with certain gross misdemeanor and felony convictions to petition for relief provided they have remained law-abiding for a specified period. Furthermore, the implementation of Minnesota's "Clean Slate" framework and adult-use cannabis legalization introduced mechanisms for the automatic expungement of certain non-violent, minor offenses and low-level marijuana charges.

However, despite these modern updates, the process remains highly technical. For cases that are not eligible for automatic sealing, individuals must still file a formal petition in the district court, serve notice to multiple state agencies, and convince a judge that the benefit of sealing the record outweighs the public's right to know.

Who Qualifies for Expungement in Minnesota?

Not everyone with a criminal record is automatically eligible to have it sealed. To qualify for a statutory expungement in Minnesota, your case must generally fall into one of several distinct categories:

• Proceedings Resolved in Your Favor: If you were arrested but never charged, if the charges were dismissed before a trial, or if you were found not guilty by a judge or jury, you are highly qualified for an expungement.
• Diversion or Stay of Adjudication: If you successfully completed a pretrial diversion program or a stay of adjudication, and you have remained crime-free for at least one year since discharge, you generally qualify.
• Petty Misdemeanors and Misdemeanors: If you were convicted of a petty misdemeanor or misdemeanor, you may qualify if you have not been convicted of a new crime for at least two years following the completion of your sentence.
• Gross Misdemeanors: If you were convicted of a gross misdemeanor, you may petition for expungement if you have remained law-abiding for at least four years after completing your sentence.
• Eligible Low-Level Felonies: If your conviction is on the statutory list of eligible felonies, you may qualify if you have completed your sentence and gone five years without a new offense.

Crimes That May Be Eligible for Expungement

Minnesota law explicitly lists dozens of offenses that are eligible for statutory sealing. Eligible offenses typically include, but are not limited to:

• Petty theft, shoplifting, and minor property damage
• Fourth-degree burglary
• Fraudulent checks and identity theft
• Possession or sale of certain controlled substances (including historic marijuana offenses)
• Underage drinking or minor public nuisance offenses
• Certain non-violent gross misdemeanors and low-level white-collar crimes

Crimes That May Not Be Eligible for Expungement

To protect public safety, the Minnesota Legislature has strictly prohibited certain offenses from being sealed through the statutory petition process. Crimes that are generally ineligible for expungement include:

• Offenses Requiring Sex Offender Registration: Any crime that mandates registration as a predatory offender cannot be expunged.
• Homicide and Manslaughter: Murder, manslaughter, and vehicular homicide.
• Severe Violent Crimes: First-degree assault, kidnapping, and aggravated robbery.
• Domestic Abuse and Stalking: Convictions involving domestic assault, violation of orders for protection, or stalking are heavily restricted and rarely eligible for statutory relief unless very specific conditions are met.
• Driving While Impaired (DWI/DUI): Under current Minnesota statutory law, traditional DWI convictions are explicitly excluded from the list of expungable offenses, though unique circumstances using the court's inherent authority are occasionally explored.

How Long Must You Wait Before Filing for Expungement?

Timing is critical when applying for an expungement. The law mandates strict waiting periods, which do not begin until you have fully completed all terms of your sentence, including probation, parole, supervised release, restitution payments, and community service.

• Dismissals/Acquittals: No waiting period. You can file immediately.
• Stay of Adjudication/Diversion: 1 year of remaining law-abiding after completion of the program.
• Petty Misdemeanors & Misdemeanors: 2 years of remaining law-abiding after completing your probation/sentence.
• Gross Misdemeanors: 4 years of remaining law-abiding after completing your probation/sentence.
• Eligible Felonies: 5 years of remaining law-abiding after completing your probation/sentence.

Filing too early will result in an automatic denial, costing you time and filing fees. A Minneapolis expungement lawyer can review your sentencing records to ensure your petition is filed at the exact moment you become eligible.

Benefits of Expunging a Criminal Record

Investing the time and effort into sealing your record can fundamentally transform your day-to-day life. The primary benefits include:

• Career Advancement: Pass corporate background checks and qualify for professional licenses (e.g., nursing, real estate, finance, or corporate management) without fear of disqualification.
• Securing Quality Housing: Most landlords run criminal checks. Expungement removes the red flags that cause housing applications to be rejected.
• Financial Opportunities: Qualify for student loans, small business loans, and competitive mortgage rates without your past impacting your creditworthiness or character assessment.
• Restoration of Rights: Depending on the nature of your expungement and background, clearing a felony record can be a vital step toward restoring your full civil liberties, including firearm rights.
• Peace of Mind: Eliminate the social stigma and anxiety that comes with knowing anyone can look up your worst day online.

The Expungement Process in Minneapolis

The legal process to secure a statutory expungement in Minneapolis requires precise execution. It typically involves the following steps:

• Gathering Records: Obtaining certified copies of your criminal records, charging documents, and proof of completed probation from the Hennepin County District Court or the Minnesota Bureau of Criminal Apprehension (BCA).
• Drafting the Petition: Preparing a detailed legal petition outlining your personal history, your rehabilitation efforts, employment records, and a compelling argument as to why your need for an expungement outweighs any risk to public safety.
• Filing and Service: Filing the petition with the Hennepin County court system and paying the mandatory filing fee. You must also legally serve copies of the petition to every law enforcement and prosecutorial agency that holds a record of your case (e.g., the Minneapolis Police Department, the Hennepin County Attorney’s Office, and the MN Attorney General).
• The Agency Review Period: State agencies have 60 days to review your petition and submit written objections if they oppose your request.
• The Court Hearing: A formal hearing will be scheduled before a district court judge in Minneapolis.

Expungement Hearings in Hennepin County

If your expungement requires a petition, your case will be heard at the Hennepin County Government Center in downtown Minneapolis. During this hearing, the judge will review your paperwork, hear arguments from your attorney, and listen to any objections raised by the prosecutor or law enforcement representatives.

The judge evaluates your case based on a multi-factor balancing test mandated by Minnesota law. They will look closely at:

• The severity and nature of the offense
• How much time has passed since the crime occurred
• Your steps toward rehabilitation (e.g., completing therapy, maintaining steady employment, pursuing education, or volunteering)
• Your reasons for seeking the expungement (e.g., a specific job offer or housing barrier)
• Your remaining criminal history

Having an assertive advocate standing next to you during this hearing is vital to countering any pushback from state prosecutors.

How an Attorney Can Improve Your Chances of Success

While individuals are technically permitted to file for expungement on their own, the risk of making an error is high. A single missing document, a failure to properly serve a required state agency, or a weakly phrased petition can lead to an immediate dismissal or denial by the court. If denied, you may be barred from filing again for a significant period.

When you hire Tamburino Law Group, our Minneapolis expungement attorney handles every aspect of your case. We will:

• Audit your entire background to verify precise eligibility and tracking timelines
• Draft an exhaustive, persuasive petition backed by concrete evidence of your rehabilitation
• Ensure flawless legal service to all required municipal, county, and state entities
• Formulate powerful legal arguments to overcome any objections filed by prosecutors
• Represent you directly before the Hennepin County judge, presenting your case in the most professional and compelling light possible

Frequently Asked Questions

How long does the entire expungement process take?

On average, from the moment your petition is filed with the Hennepin County court, the process takes approximately 4 to 6 months. This timeline is heavily influenced by the mandatory 60-day notice period that must be granted to state agencies, alongside the scheduling availability of the local courts.

Can a felony be expunged in Minnesota?

Some felony convictions may qualify for expungement if specific statutory requirements are met and waiting periods have expired.

Can I expunge a DWI conviction in Minnesota?

Under standard statutory expungement laws, DWIs are explicitly excluded from the list of eligible offenses. However, depending on the age of the conviction and extraordinary circumstances, it may sometimes be pursued via the court's "inherent authority," which seals only court records rather than executive branch (BCA/police) records. Speak with an attorney to evaluate your specific situation.

Will employers see an expunged record?

In many situations, employers conducting routine background checks will not have access to sealed records.

Will my record be visible to the police after it is expunged?

Yes. A statutory expungement seals records from the public (including private employers, background check vendors, and landlords). However, the records remain accessible to law enforcement, judges, and prosecutors for criminal justice purposes, or for certain state licensing boards that require high-security clearances (such as teaching or law enforcement licensing).

Can I expunge multiple offenses?

Potentially. Eligibility depends on the specific offenses and your criminal history.

Do I need a lawyer for expungement?

While legal representation is not required, an attorney can help avoid procedural errors and strengthen your petition.

Can expungement help me find housing?

Yes. Many landlords rely on background checks, and sealing eligible records can improve housing opportunities.

How much does it cost to file for expungement in Minneapolis?

The Hennepin County District Court charges a standard filing fee for expungement petitions. However, if your case was resolved entirely in your favor (dismissed, acquitted, or no charges filed), the court filing fee is typically waived. If you meet certain low-income thresholds, your attorney can also file a request to waive the court fees entirely (In Forma Pauperis).

Contact a Minneapolis Expungement Lawyer Today

Do not let a past mistake limit your potential for another day. At Tamburino Law Group, we believe in second chances and are committed to helping our clients overcome the burden of a criminal background. We know the local Hennepin County court system inside and out, and we understand exactly what judges look for when reviewing an expungement petition.

Let our experienced team evaluate your record, determine your eligibility, and build a strategic case for your future. We are ready to put more than 100 years of experience to work for you – all you have to do is give us a call today!

Call us for a free case evaluation at (612) 444-5020.