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MINNESOTA CRIMINAL EXPUNGEMENT ATTORNEY

Minnesota Stat. Ann. 609A.01

The remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.

Minnesota Stat. Ann. 609A.02

(1) A person may petition for the sealing of all arrest and criminal records upon the dismissal and discharge of proceedings for

(i) a 1st-time drug offense, (ii) 4th- or 5th-degree controlled substance crime, (iii) other controlled substance offenses.

(2) A person who has been adjudicated delinquent may petition for the sealing of a conviction record if the person:

(i) is finally discharged by the commissioner of corrections; or (ii) has been placed on probation by the court and has been discharged from probation after satisfactory fulfillment of it.

(3) A petition may be filed to seal all arrest and criminal records if all pending proceedings were resolved in favor of the petitioner. A verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner. (4) Records of a conviction of an offense may not be expunged where:

(i) the person was charged with or petitioned for a felony violation of or attempt to violate any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

(a) murder, (b) kidnapping, (c) criminal sexual conduct, or (d) indecent exposure;

(ii)the person was charged with or petitioned for any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

(a) falsely imprisoning a minor, (b) soliciting a minor to engage in prostitution, (c) soliciting a minor to engage in sexual conduct, (d) using a minor in a sexual performance, (e) possession of child pornography.

Other Minnesota State Statutes

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