default.html.twig template not found for page: /resources/expungements/what-crimes-cannot-be-expunged-in-minnesotaExpungement is a court-ordered process that seals a criminal record from public view. Under Minnesota Statute §609A.02, a petitioner files a motion, pays the applicable filing fee, and a judge weighs the public benefit of record access against the individual's interest in sealing. The process typically takes several months.
Key clarification: Expungement does not erase or destroy records. Sealed records remain accessible to certain government agencies, law enforcement, and courts in subsequent proceedings. "Sealed" means the general public, including most employers and landlords, can no longer view them.
Minnesota law categorically excludes two groups of offenses from expungement eligibility: specific felony-level offenses and any crime requiring sex offender registration.
The following felony convictions are explicitly ineligible under Minnesota law:
| Offense | Notes |
|---|---|
| Felony Assault | All felony-level assault charges |
| Felony DUI | Driving under the influence at the felony threshold |
| Felony Domestic Assault | Includes repeat or aggravated domestic violence offenses |
| Felony Burglary | All felony-level burglary convictions |
These offenses are excluded because the legislature has determined that the public safety interest in maintaining accessible records outweighs the individual's interest in sealing them.
Under Minnesota Statute §243.166, any offense that triggers mandatory registration on the Minnesota Sex Offender Registry is ineligible for expungement. This includes, but is not limited to:
This list is not exhaustive.
Whether a specific offense triggers registration depends on the statute of conviction, the facts of the case, and any prior offenses. If your conviction involved conduct that could qualify as a predatory crime, you should confirm registration status before assuming expungement eligibility.
Minnesota Statute 609A.02, subd. 3(b) lists 50 felony offenses that may be expunged when specific conditions are met. Eligibility under this list does not guarantee expungement, it means a petition can be filed and a judge will exercise discretion.
If your felony conviction does not appear on that list, it is presumptively ineligible. The statute is exclusive, not illustrative.
Note: Minnesota's expungement laws have been amended multiple times and the list of eligible felonies may change. Verify current statute language at the Minnesota Office of the Revisor of Statutes or consult a licensed Minnesota attorney before drawing conclusions about eligibility.
Misdemeanor and gross misdemeanor records follow a separate eligibility framework under Minnesota Statute §609A.02, subd. 3(a). Unlike felonies, misdemeanors are not limited to an enumerated list. Eligibility depends primarily on the outcome of the case (dismissal, acquittal, stayed sentence) and whether a mandatory waiting period has elapsed.
Even for eligible offenses, expungement is discretionary. Under Minnesota Statute §609A.03, subd. 5, a court must find that the benefit to the petitioner outweighs the disadvantage to public safety and the burden on the court system. Courts evaluate:
A petition supported by documented evidence of rehabilitation and concrete record-related harm is more likely to succeed than one filed without supporting materials.
Minnesota's expungement statute is narrowly written, and eligibility turns on specific offense classifications, discharge dates, and statutory lists that change over time. If you've reviewed the criteria above and aren't certain where your conviction falls, or if you've identified an eligible offense and want to build the strongest possible petition, the attorneys at Bruno Law have handled expungement cases across Minnesota and can give you a direct assessment of your situation. Contact Bruno Law today for a consultation.
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