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1. What is an expungement?

Under Minnesota law, expungement means the sealing of a criminal record so it is not
publicly available. Only a District Court Judge can order a criminal record
sealed. An expungement order issued by a Judge seals the criminal record and
prohibits the Court and state agencies that hold criminal records from
disclosing, acknowledging, or opening the criminal record except under court
order or as permitted by law. 

2. Are my criminal records destroyed or erased by an expungement order?

No.
Expungement will only seal your criminal record. Your criminal record will
still exist under seal. An expunged criminal record will not be accessible to
the public. 

3. Who can see my criminal record after it’s expunged and sealed?

Your
expunged and sealed criminal record can still be accessed by the Court,
prosecutors, and law enforcement agencies including police, FBI, immigration,
and other agencies in a criminal investigation, prosecution, or for sentencing
and probation purposes. Your sealed criminal record can also be accessed by
criminal justice agencies and other state agencies if you apply for certain
jobs or apply for types of occupational licenses. 

4. Can the state use ae sealed criminal record as a prior offense when charging or sentencing a new offense?

Yes.
Many criminal offenses are more serious, or enhanced, if you have prior
offenses of the same type. For example, Driving While Intoxicated (DWI) is an
offense where the penalties become more serious if you have prior DWI offenses.
When the law permits, a sealed criminal record can be used to enhance the
penalties for new offenses.

5. Do I have to pay to seal my criminal record?

If
you apply through the Washington County Attorney’s Office, you do not have to pay
the $300 filing fee to the Court. If you apply by preparing and filing a
Petition for Expungement directly with the Court, you will have to pay a $300
filing fee for each offense or ask the Court to waive this fee based on your
income. 

6. Do I need to file anything with the Court?

If you apply through the Washington County Attorney’s Office and you qualify for expungement, you do not have to file any paperwork with the Court. If you seek expungement on your own, you must file a Petition for Expungement with the Court and pay a filing fee.

7. Will I need to appear in court for my record to be sealed?

No. If your criminal record is eligible, the Washington County Attorney’s Office will request an expungement from the Court. You will not have to appear in court to seal your record.

8. How do I find out if I am eligible?

Fill
out the online application. Once you apply, the Washington County Attorney’s
Office will review your case and determine if you’re eligible to seal your
criminal record. If you are eligible, we will request additional information to
complete the expungement process. 

9. How will I know if my application is approved?

After you apply, we will analyze your criminal record and determine if you are eligible for expungement. If you are eligible, we will contact you for additional information to complete your expungement. If you are not eligible, we will contact you to explain why you are not eligible for expungement.

10. How will I know when my records are sealed?

When
the Court issues an expungement order, a copy will be sent to the mailing
address in your application. This is proof that your records have been expunged
and are now sealed. 

11. Can my application be denied?

Yes.
Your application can be denied by the Washington County Attorney’s Office or by the
Court.

12. Why might my application be denied?

• Your offense is not eligible under the Minnesota expungement law.

• Not enough time has passed since you were discharged from probation. In some cases, you may be eligible in the future after the waiting period has ended.

• You have new crimes or a serious criminal history.

We will carefully consider the factors outlined in
the Minnesota expungement law to determine if sealing your record is appropriate. These factors include the nature and seriousness of the offense, the length of time since the offense occurred, the steps taken towards rehabilitation following the offense, any aggravating or mitigating factors, your participation in the offense, your criminal history, the effect that the criminal record has on your ability to obtain employment, housing, and other necessities of life. 

13. What can I do if my application is denied or I have more questions?

We
encourage you to seek community-based legal assistance if
your application is denied or if you have other questions about the law or
legal process.