How Long Does an Expungement Take in Minnesota? 2026 Timeline

The most common question people ask about clearing a Minnesota criminal record is simply how long it will take. The answer has two parts: the statutory waiting period before you become eligible, and the court process once a petition is filed. Depending on the record, the full path can run from a few months to several years.

Step One: The Waiting Period

Eligibility for a petition-based expungement under Minn. Stat. § 609A.02 depends on how the case was resolved and the level of the offense. The waiting period runs from discharge of the sentence, not from the date of the offense.

Any new criminal offense during the waiting period restarts the clock, which is why the period is best understood as a crime-free waiting period rather than a simple calendar count.

Step Two: The Court Process

Once eligible, the petition itself takes time. A petition must be served on every agency holding the record — typically the prosecuting authority, the BCA, and any law enforcement agency involved — and the statute requires a minimum notice period before a hearing can be held. In practice, most petitions are resolved in four to six months from filing to signed order, and it then takes additional weeks for the agencies to actually seal the record after the order issues. Contested petitions, where the prosecutor objects, take longer.

The Automatic Route: Minnesota’s Clean Slate Law

Since January 1, 2025, many records are sealed without any petition at all. Under Minn. Stat. § 609A.015, the Bureau of Criminal Apprehension identifies qualifying records and makes an eligibility determination within 30 days after the applicable waiting period ends. There is no application, petition, or motion, and no filing fee.

Records that qualify for automatic sealing generally include cases where all charges were dismissed or resolved in your favor, completed diversions and stays of adjudication, and certain petty misdemeanor, misdemeanor, and lower-level gross misdemeanor and felony convictions after the crime-free waiting period. Many offenses are excluded, and the automatic process does not reach every record. Read more in our overview of Minnesota’s Clean Slate Act and automatic expungement eligibility.

Why Records Sometimes Are Not Cleared Automatically

Several situations leave a record visible even after the Clean Slate law took effect: the offense is on the excluded list; the record contains a data error that prevents the BCA from matching it; the waiting period was restarted by a later offense; or the record is held by a private background-check company that has not refreshed its data from the state. In each of these cases, a petition, a correction request, or a direct dispute with the reporting agency may be necessary.

How to Shorten the Timeline

The single largest factor within your control is the accuracy and completeness of the petition. Petitions that name the wrong agencies, omit a required record, or misstate a disposition get continued, and a continuance can add months. Confirming exactly which agencies hold the record before filing is what keeps a petition on the four-to-six-month track.

Related reading: what to expect at your expungement hearing, what records you need to file a petition, and when you can ask the court to expunge your case.

Get an Answer for Your Specific Record

Timelines vary because records vary. Martin S. Azarian has practiced criminal defense and expungement law in Minnesota for more than 30 years and can review your record history to identify whether you qualify for automatic sealing, whether a petition is required, and how long it should realistically take.

Call (612) 343-9000 for a confidential consultation.

This article is general information, not legal advice. Eligibility and timing depend on the individual record and the law in effect.