What crimes cannot be expunged in Minnesota?

Asked by: Dr. Robb Roberts II  |  Last update: February 16, 2026
Score: 4.9/5 (7 votes)

In Minnesota, serious crimes like murder, most sex offenses (e.g., Criminal Sexual Conduct), felony assault, felony burglary, felony DWI/DUI, felony domestic assault, and drug offenses that require registration are generally ineligible for expungement, meaning they remain permanently on your record, though the new Clean Slate Act automatically seals some records, but not these serious offenses. Expungement eligibility depends on the offense's severity and if it's on specific statutory lists, with some felonies having specific waiting periods and requirements after probation.

What crimes cannot be expunged in MN?

Here are some of the most common felony convictions that are not eligible for statutory expungement but may be considered for inherent authority expungement.

  • Felony DWI.
  • Felony Assault.
  • Felony Criminal Sexual Conduct.
  • Felony Burglary.
  • Felony Offenses Requiring Registration.
  • Felony Terroristic Threats.
  • Felony Domestic Assault.

What crimes are not eligible for expungement?

Crimes that generally cannot be expunged include serious violent offenses (murder, rape, aggravated assault, kidnapping), sex offenses (especially those involving minors or requiring registration), human trafficking, terrorism, arson, DUI/DWI (especially felony levels), domestic violence, crimes involving serious bodily harm or death, public corruption, and many serious traffic offenses, though specifics vary significantly by state. Federal convictions are also often ineligible, and some states bar expungement for repeat offenders or certain high-level felonies. 

What is the new expungement law in Minnesota?

The Clean Slate Act. The Clean Slate Act went into effect Jan. 1, 2025. It requires automatic expungement (sealing) of certain records from a person's Bureau of Criminal Apprehension (BCA) criminal history that in the past would require the person to petition the court for an order expunging the record.

How long does a felony stay on your record in the state of Minnesota?

Four years if the petitioner was convicted or received a stayed sentence for a gross misdemeanor and has not been convicted of a new crime. Five years if the petitioner was convicted of a felony violation, was convicted or received a stayed sentence, and has not been convicted of a new charge.

Minnesota to begin automatically expunging low-level crimes in 2025

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Is it better to seal or expunge your record?

It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate. 

What is the clean slate statute in Minnesota?

The Minnesota Clean Slate Act of 2023 will automate expungements for offenses that already qualify for expungements under the current petition process. The legislation, authored by Rep. Jamie Long and Sen.

What is the rule 609 in Minnesota?

Minnesota Rule of Evidence 609 governs using a witness's prior criminal convictions to challenge their credibility (impeach them), generally allowing convictions for felonies or crimes involving dishonesty, but requiring a court to balance the conviction's value against its potential prejudice, especially for criminal defendants, with specific rules for older convictions and pardons. While the federal rule is a guide, Minnesota courts have interpreted it to often allow most felonies for impeachment unless the prejudicial effect clearly outweighs the probative value, creating a significant "cruel dilemma" for defendants. 

What's worse, felony 1 or felony 3?

A first-degree felony is significantly worse than a third-degree felony, representing the most serious level of felony crimes, often involving severe violence or premeditation, while third-degree felonies are less severe but still carry substantial penalties, with specific punishments varying by state, but generally involving years in prison. In most jurisdictions, the numbering goes from 1 (most serious) down to 3 or 4 (less serious felonies). 

Can I get a free expungement in MN?

We may be able to help you get it sealed.

If you qualify, we can help you get your record sealed by the Court at no cost to you. Sealing, or expunging, a criminal record can make it easier for you to obtain housing, get a job and certain types of job-related licenses.

What are the hardest crimes to prove?

Top 5 Hardest Criminal Charges to Beat

  • First-degree Murder.
  • Sexual Assault.
  • Drug Trafficking.
  • White-collar Fraud.
  • Repeat DUI Offenses.
  • DNA Evidence.
  • Digital Forensics.
  • Ballistics and Weapon Analysis.

Does your criminal record clear after 7 years?

Unlike the popular myth of the “seven-year rule,” conviction records do not automatically expire or disappear from your criminal history after any specific time period. Your criminal record is maintained at multiple levels within the justice system.

Is my life ruined if I get a misdemeanor?

A misdemeanor won't necessarily ruin your life, but it can have significant, long-lasting impacts on employment, housing, education, and professional licensing, though these effects often lessen over time and can sometimes be expunged or sealed. While it's not as severe as a felony, a conviction creates a criminal record that can show up on background checks, making it harder to get certain jobs or loans, but many employers overlook misdemeanors, especially after several years or if the conviction is expunged. 

Does a DUI show up on a background check in Minnesota?

Yes, a DUI conviction (DWI) in Minnesota typically shows up on criminal background checks and driving record checks for employment and other purposes, often indefinitely for driving records and for 15 years for public criminal records after sentence completion, though expungement is possible in limited cases and automatic sealing laws are emerging. These records can affect jobs, housing, and licenses, as they are public records accessible via BCA searches and court records.
 

Will a gross misdemeanor show up on a background check?

In most cases, yes – misdemeanor convictions will appear on criminal background checks in California unless they have been legally vacated or sealed and destroyed by the Department of Justice.

Can I expunge a DUI in Minnesota?

Not all DUI charges can be expunged in Minnesota. A First Degree DUI is a felony offense in Minnesota, and is ineligible to have all records expunged. Second Degree and Third Degree DUI charges are both gross misdemeanors offenses, and while difficult to accomplish, both types of convictions can be expunged.

What are the 5 levels of crime?

Although there are many different kinds of crimes, criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes.

How bad is a level 5 felony?

A felony 5 (or Class 5) is a mid-to-low-level felony, more serious than a misdemeanor but less severe than higher-class felonies, carrying prison time (often 1-3 years, but varies by state), significant fines, and permanent felony record consequences like loss of voting rights or gun rights, though it's usually not convertible to a misdemeanor like some lower-level felonies. Penalties and specific crimes vary by state (e.g., Arizona, Ohio, Virginia, Colorado), but it's a substantial conviction.
 

What felonies cannot be expunged in MN?

Examples of crimes that are not eligible for criminal expungement are: Felony Assault. Felony DUI. Felony Domestic Assault.

What is the Steve's law in Minnesota?

Steve's Law is Minnesota's Good Samaritan and Naloxone Law. It provides legal protections to people who seek help in an overdose situation, as well as the person overdosing.

What is the slowpoke law in Minnesota?

Minnesota's New Slowpoke Law. Effective as of August 1, 2019—alongside the state's new hands-free cellphone law—is the state's new slowpoke left lane law. This law authorizes police officers to issue citations for motorists who refuse to change lanes to yield to faster-moving vehicles.

What is the Romeo and Juliet law in Minnesota?

Minnesota does have a Romeo and Juliet law that provides limited close-in-age exceptions. Particularly if one person is under the age of 16 and the other is not more than 36 months older provided the older person is not in a position of authority or in a significant relationship with the younger person.

What felonies are not eligible for expungement?

Several types of offenses are automatically excluded from expungement eligibility in California:

  • Serious Sex Crimes Involving Minors. ...
  • Felonies That Resulted in Prison Time (Not Jail) ...
  • Crimes Related to Public Corruption. ...
  • Crimes Not Eligible Due to a Violation of Probation or Parole.

What crimes have no statute of limitations in Minnesota?

There are no statutes of limitation for the following crimes: Murder/manslaughter. Kidnapping. Human trafficking/labor trafficking (there is no time limit if the victim is younger than 18.