Expungement of Adult Criminal Records In The State Of Minnesota

Minnesota's Second Chance Law

Effective January 1, 2015, Minnesota law now provides a real expungement remedy to deserving individuals. Prior to the new Second Chance law, Minnesota Courts struggled for years trying to determine which records a Court had the authority to seal. In cases of criminal convictions, or even stays of adjudication, the Courts eventually determined records held by executive branch agencies could not be sealed. Courts could only seal judicial branch records. This meant that a criminal record would still be publicly available at agencies like the Bureau of Criminal Apprehension, even though a Judge found that the individual was rehabilitated and eligible for expungement.

The Minnesota State Legislature has fixed this problem. Starting January 1, 2015, Courts have the authority to seal criminal records held by both judicial and executive branch agencies for certain cases. The law now recognizes that some former offenders deserve a second chance. The attorneys at Arneson & Geffen are thrilled about this change in the law because we know how much it will help people. Expungement is now an effective and meaningful remedy. People that obtain relief under the Second Chance expungement law can now have their records sealed at the following agencies:

  • The Bureau of Criminal Apprehension ("BCA")
  • Minnesota Department of Human Services ("DHS")
  • Minnesota Department of Health
  • Police Departments
  • Sheriffs' Offices
  • City and County Attorneys' Offices
  • Board of Teaching

Why Is It Helpful To Seal Records At Executive Branch Agencies?

Many employers and landlords obtain records through the Bureau of Criminal Apprehension ("BCA") when investigating an individual's criminal background. Additionally, private background check companies frequently obtain information from the BCA. The Department of Human Services also maintains records that it utilizes in connection with background studies. To learn more about how DHS uses its records and the background study process, click here. Arrest records are also publicly available through police departments and sheriff's offices.

How Does The Second Chance Law Help?

Arneson & Geffen's attorneys will review an individual's criminal history to determine whether that person qualifies for relief under the new law.

Click here for more detailed information about the Second Chance expungement law.

Learning About Your Criminal Record

You need to know what is on your criminal history. Learn more about obtaining criminal records by clicking here.

Case Results

Arneson & Geffen has significant experience representing individuals seeking expungement of both adult and juvenile records. To read about some of our recent successes, click here.

Contact an Attorney

Contact Arneson & Geffen for a no-cost consultation to learn more about Minnesota's second chance law and how it affects you.