Avoid These 9 Common Mistakes When Expunging Your Criminal Record
Expunging a criminal record can be life-changing if it goes smoothly. Unfortunately, it’s common for people to make mistakes and encounter roadblocks during the process. This can delay your expungement by weeks or years.
To achieve all the benefits of expungement as soon as possible, here are mistakes to avoid when requesting an expungement in Minnesota.
9 Mistakes to Avoid
1. Filing Without Understanding Minnesota’s Expungement Laws
In 2023, Minnesota expungement laws changed, particularly regarding the now-legal use of cannabis. The legislature expanded eligible offenses and changed the waiting time required before expunging an offense. The Clean Slate Act, effective January 2025, even allows for automatic expungement in certain marijuana cases.
For other cases, you must meet specific requirements in order to qualify for expungement. Eligibility can be affected by:
- Your age
- The time elapsed since the crime
- The type of crime
- The severity of the crime (for example, 1st degree versus 4th degree DWI)
- Other factors
With such complex laws, it’s best to consult with an expungement attorney. Filing incorrectly—or believing you’re ineligible to file—because of an incorrect understanding could be a mistake.
2. Not Including All Information
To petition for expungement, start by looking up instructions for expungement forms. First, fill out a Notice of Hearing and Petition for Expungement form. List all criminal charges, both prior and pending, on your petition. This includes stays or adjudications as well.
Then, complete a separate order for each case you’re petitioning to be expunged. The form you use will differ depending on whether you were convicted and what kind of crime is being expunged.
Be sure every form is filled out completely. Skipping a single box could put your petition in jeopardy. Again, it’s best to work with an attorney who can ensure you’re doing everything correctly.
3. Not Serving All Agencies
Under Minn. Stat. § 609A.03, subd. 3, you’re required to submit your forms to local and state agencies and attorneys that have your criminal records. This allows these agencies to object to the expungement.
For example, here are several agencies and people that you may need to serve:
- Minnesota Bureau of Criminal Apprehension
- The Minnesota Attorney General’s Office
- Your local police department and/or county sheriff’s department
- The prosecuting attorney
- The county department of corrections
4. Not Serving the Agencies On Time
Whether you serve these documents in person or through the mail, you’ll have to complete and sign a form stating that they were served. This date must be at least 60 days before your hearing (63 if you mail them). That way, the agencies have time to review the documents and submit any objections.
If you don’t give them enough time, your petition may be dismissed or denied, and you may need to start the process over.
5. Not Paying Filing Fees
Filing fees are required when you’re filing a petition to expunge a record for which you were found guilty, pled guilty or were convicted. Luckily, if charges were dropped, you don’t need to pay.
If you’re required to pay but can’t afford the fees, you can request to have them waived. If you don’t, and don’t pay the fee, your petition may be dismissed or denied, and you’ll have to start over.
6. Missing Your Court Date
The expungement process takes months. With this long timeline, it’s easy to forget dates or meetings.
Once you schedule a hearing, be absolutely sure you write the date, time and location on your calendar. The court may not send you a reminder, and if you miss your hearing, you’ll need to start the process over. Remember to bring copies of your petition forms so you can reference them during the hearing as needed.
7. Forgetting to Take Necessary Post-Expungement Steps
If your expungement request is granted, you’ll need to ensure the process was fully effective:
- Confirm that all agencies have updated their records to reflect the expungement order.
- Keep a copy of the expungement order for your records.
- Monitor your background checks to ensure the sealed record no longer appears.
Neglecting these steps can leave you vulnerable to lingering issues, even after the court grants your petition. It’s better to be thorough than to leave things to chance.
8. Overlooking Public Records and Old News Articles
Even if your criminal record is expunged, some information may still be available in public records. For example:
- Private background check companies may use outdated records that show your conviction.
- News articles or online reports about your case may still be accessible.
While expungement can make it harder for employers, landlords and others to access your criminal record, it doesn’t magically erase all evidence of the allegations. Do an online search and see what comes up. If there’s a news article about your arrest, for example, you can contact the news agency to have it taken down.
9. Representing Yourself Without Legal Counsel
While it’s possible to file for expungement on your own, it can be tricky to represent yourself without an attorney. Minnesota courts hold everyone to a high standard. Even if you’re not a lawyer, you’ll be expected to know the same court rules and follow the same processes as lawyers.
The time, effort and stress it takes to get up to speed on the law often outweigh the cost of hiring an attorney. Messing up an expungement proceeding by missing a deadline or misreading the legal requirements can have a lifetime of implications. With a risk like that, it’s best to make sure you’re represented well.
Request Expungement Correctly With White & Associates
A criminal past does not define a person. People change, and one mistake should not punish you for a lifetime.
To get started on expunging your record, contact one of the attorneys on our Elk River team. We’ll walk you through the process and answer any questions you may have. Call us at 763-241-0477 or contact us online.
