Minnesota Pardon/Expungement Process

⚖️ 1. Expungement in Minnesota

What expungement means

  • In Minnesota, expungement seals a criminal record from public view
  • It does NOT erase or destroy the record
  • Sealed records can still be accessed by law enforcement and certain agencies

Types of expungement

🟢 A. Automatic expungement (“Clean Slate” law)

  • Governed by Minn. Stat. § 609A.015
  • Certain records are automatically sealed without filing a petition
  • Applies to qualifying:
    • Dismissed cases
    • Some non-convictions
    • Certain low-level convictions
  • The Minnesota Bureau of Criminal Apprehension (BCA) identifies eligible cases and seals them within ~60 days

🟡 B. Petition-based expungement

If your case is not automatically cleared, you can file a petition under Minn. Stat. § 609A.02–609A.03.

Common eligibility categories:

  • Dismissed charges
  • Diversion / stay of adjudication (after completion + waiting period)
  • Certain misdemeanor, gross misdemeanor, and some felony convictions

Waiting periods (typical ranges):

  • 1 year → diversion / stay of adjudication
  • 2–4 years → many misdemeanors
  • 4–5+ years → some eligible felonies

👉 You must remain crime-free during the waiting period

🔴 Limits on expungement

  • Not all felonies qualify (only certain listed offenses)
  • Expungement:
    • Does not restore civil rights
    • Does not fully erase history
    • May still be used in future sentencing

What happens after approval?

  • Records are sealed about 60 days after the court order
  • Government agencies must comply with the order (subject to appeals)

🏛️ 2. Pardons in Minnesota

What a pardon does

  • A pardon sets aside a conviction and restores rights
  • It is granted by the Minnesota Board of Pardons (executive branch)

👉 Key difference:

  • Expungement = hides the record
  • Pardon = forgives the conviction and restores rights

Eligibility

You can apply if:

  • You were convicted of a crime in Minnesota
  • Your sentence is complete
  • You can show rehabilitation and good conduct

Not eligible for:

  • Dismissals (no conviction to pardon)
  • Juvenile matters or petty misdemeanors

Process

  1. Apply through the Clemency Review Commission
  2. Commission makes a recommendation
  3. Board of Pardons makes final decision
  • The board typically meets twice per year

Effect of a pardon

  • Restores civil rights (like voting or firearm rights)
  • In Minnesota, a pardon can also lead to automatic expungement of the pardoned offense

🔑 Key Differences (Quick Comparison)

Feature Expungement Pardon
Granted by Court Board of Pardons
Effect Seals record Forgives conviction
Visibility Hidden from public May still appear but marked pardoned
Restores rights ❌ No ✅ Yes
Eligibility Limited offenses Broader (after conviction)

🧭 Bottom line

  • Minnesota has become more expungement-friendly, especially with the Clean Slate automatic sealing law
  • Expungement is more common, but limited in effect
  • Pardons are harder to get, but provide stronger relief

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