Sealing Arrest Records
Minnesota law allows you to expunge your criminal arrest record under certain conditions. A successful expungement will prevent prospective employers and landlords from learning about mistakes you made in the past. The Minnesota Bureau of Criminal Apprehension and many other state agencies will seal your arrest records upon your request in a case where you were arrested, but not charged, under the following conditions:
a. You must not have been convicted of a felony or gross misdemeanor within 10 years following the arrest; and
b. All charges against you were dismissed before there was any finding of probable cause against you.
The applicable law on this point is located at Minnesota Statutes Section 299C.11.
Minnesota law allows for the sealing of your records where probable cause has been found to support the charge against you, but you were never convicted of the crime. The following persons are eligible:
a. A first time controlled substance offender who receives a discharge and dismissal under Minnesota Statutes Section 152.18;
b. A juvenile offender who is certified as an adult and convicted may file for an expungement and prevail upon a showing by clear and convincing evidence that sealing the records would yield a benefit to the offender equal or greater to the disadvantages to the public and public safety.
c. Also certain proceeding that resolve in the petitioner's favor are eligible for an expungement such as the dismissal of a grand jury indictment, a continuance for dismissal after successful completion of probation, and where a person is found not guilty by a judge or jury.
The Court's Inherent Authority to Expunge Criminal Records
When a court proceeding has not been resolved in your favor, the courts still have the power to grant your petition for expungement under circumstances where your constitutional rights have been seriously infringed. If there has been no infringement of your constitutional rights, the court will use a balancing test to determine whether or not the expungement will yield a benefit to you that is equal with the disadvantages to the public from the sealing of the record and the burden on the court system in issuing, enforcing, and monitoring an expungement order.
Certain Crimes are not Eligible for Expungement
Minnesota law prohibits the expungement of certain types of offenses including murder, kidnapping, criminal sexual conduct offenses, DWI's, and traffic offenses. See Minnesota Statutes Section 609A.02, subd. 4.
What Records can be Sealed in an Expungement Proceeding?
a. You can seal all of the arrest records when you have been arrested, but not charged. A separate demand must be sent to each agency;
b. When a statutory expungement is successful, you are allowed to seal all agency records;
c. If an agency has not been served with a copy of the expungement petition, the records can not be sealed;
d. If the proceeding was not resolved in your favor and an expungement is granted, the courts have discretion under appropriate circumstances to expunge court files and agency files, including BCA records.
It has become very difficult for persons with criminal records to obtain housing or employment. Make sure you take advantage of applicable law and seal your past for good.