Minnesota Expungement Attorney — Flat-Fee Record Clearing

Under statutory expungement (§ 609A.02, subd. 3), you may petition if all proceedings were resolved in your favor (acquittal, dismissal, or discharge without conviction), if you were found not guilty by reason of mental illness or deficiency, if you successfully completed a diversion program, or if your conviction qualifies under specific statutory categories.

For petty misdemeanor and misdemeanor convictions, you may petition for statutory expungement after two years from the date of discharge of the sentence, provided the offense is not listed as ineligible and you have not been convicted of a new crime during the waiting period.

For gross misdemeanor convictions, the waiting period is four years from discharge of sentence, and for felony convictions that qualify for statutory expungement, the waiting period varies from five years to the full term of the sentence depending on the specific offense.

Under inherent judicial authority (§ 609A.02, subd. 4), the court may order expungement of any record if the petitioner establishes by clear and convincing evidence that expungement would yield a benefit to the petitioner that is commensurate with the disadvantages to the public and public safety — this is a balancing test with no guaranteed outcome.

Minnesota law requires the court to consider specific statutory factors when ruling on any expungement petition: the nature and severity of the underlying offense, the risk you pose to individuals and the community, your criminal history, any input from victims, the recommendations of prosecutors, and the reasons for the request.

You must have completed all terms of your sentence including probation, payment of fines and restitution, and any other conditions imposed by the court before you are eligible to petition.