Arrest Without Conviction In Minnesota
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FAQ
The new Second Chance law opens the door to new opportunities for expunging a person's criminal record. The court will take into account twelve factors relating the characteristics of the individual and the underlying offense. The primary burden is on you to prove to the court that you deserve expungement.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
The Clean Slate Act of 2022, if enacted, would automate expungements for some of the offenses that already qualify for expungement under the current petition process. The bipartisan legislation, HF1152/SF1856, is authored by Rep. Jamie Long and Senator Roger Chamberlain.
Starting August 1, 2023, certain criminal cases will become eligible for automatic expungement. The timelines for automatic expungement will be different. More information about this process will be added when available.
The Minnesota Clean Indoor Air Act (MCIAA) prohibits smoking in indoor public places, public meetings, places of employment, and public transportation. (Minn. Stat. §§ 144.411 to 144.417) The act also permits smoking in certain indoor settings and situations.
Crimes eligible for expungement in Minnesota include but are not limited to: Altering a certificate for livestock. Violating certain insurance regulations. Title fraud. Fifth-degree felony possession/sale of a controlled substance. Sale of a simulated () drug. False certificate of title.
Minnesota is one of 12 states that have passed Clean Slate laws, and is among the first several states to implement their automated record sealing policy. In all 12 states that have passed Clean Slate laws, 14 million people are eligible for a fully cleared record.
You may qualify for an expungement if: You were arrested but not charged, the charges against you were dismissed, you were found not guilty, or the case did not otherwise result in a conviction. You successfully completed the terms of a diversion, stay of adjudication, or continuance for dismissal.
Being charged with a crime does not necessarily mean that you have been found guilty or convicted of the offense; it simply means that there is enough evidence for the government to pursue legal action against you.
For gross misdemeanors, the time is four years after completion of your sentence before you can apply for expungement. For misdemeanors and petty misdemeanors, the time is two years after completion of your sentence.
