Is My Felony Conviction Expungeable?

by Benjamin Tarshish on June 3, 2019

Only Certain Felonies Can Be Expunged In Minnesota

Minnesota Statutes section 609A.02, subd. 3(b) sets forth the fifty felony convictions that are expungeable under the expungement statute. If a felony is included in that list, it’s expungeable. If not, you likely do not qualify for a statutory expungement. Please keep in mind that this list only applies to felony convictions. If you were charged with a felony, but your case was resolved without a conviction—through a stay of adjudication, diversion, a not-guilty verdict, or a dismissal—you likely still qualify to seek a statutory expungement.

Common Felony Convictions Not Eligible For Statutory Expungement:

  • Felony Assault
  • Felony Burglary
  • Felony DWI
  • Felony Domestic Assault
  • Felony 1st–4th Degree Drug Offenses
  • Felony Terroristic Threats
  • Felony Criminal Sexual Conduct
  • Felony Offenses Requiring Registration

Common Felony Convictions That Are Expungeable:

  • 5th Degree Drug Crimes
  • Theft (if value of property taken was less than $5,000)
  • Receiving Stolen Property
  • Criminal Damage to Property
  • Forgery; Financial Transaction Card Fraud

This list is not exhaustive. For a full list of the felonies expungeable under the Second Chance Act, look to Minn. Stat. § 609A.02, subd. 3(b) by following this link: https://www.revisor.mn.gov/statutes/cite/609A.02

Felony Convictions Reduced To Misdemeanors Are Considered Felonies For Expungement Purposes

Frequently judges “stay imposition” of a felony sentence, so that the felony conviction is reduced to a misdemeanor upon completion of probation. Unfortunately, however, this reduction does not affect whether the conviction is expungeable. See State v. S.A.M., 891 N.W.2d 602 (Minn. 2017). If you were convicted of a felony, that offense will only be eligible for statutory expungement if it is listed in Minn. Stat. § 609A.02, subd. 3(b)

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