Are Juvenile Cases Automatically Expunged in Minnesota? An Expungement Attorney Explains the Myth that Has Fooled Many

Juvenile cases in Minnesota are fundamentally different from adult criminal cases. They are governed by an entirely separate section of the law—Chapter 260B of the Minnesota Statutes—and those differences extend well beyond how cases are handled in court. Unfortunately, when it comes to juvenile records after a case is closed, there is widespread confusion, particularly around the idea of “automatic expungement.” Many people assume juvenile records simply disappear with time. In reality, that is often not the case.

The Myth of Automatic Juvenile Record Expungement

One source of confusion is a Minnesota statute requiring the Bureau of Criminal Apprehension (BCA) to destroy juvenile records when a person turns 28. Minn. Stat. § 299C.095. At first glance, this sounds reassuring—reach age 28, and your record is gone.

But the reality is far more complicated. The BCA is only one of many agencies that may possess your juvenile record. Local law enforcement agencies are allowed to keep their own records for as long as their internal policies permit. Even more importantly, Minnesota district courts retain electronic records of juvenile cases indefinitely.

As a result, the destruction of BCA records often provides little real-world benefit. Many background checks do not rely solely on the BCA and can uncover juvenile records through court databases or other sources that are not required to purge records at age 28. This can lead to unpleasant surprises when applying for jobs, promotions, or housing—long after someone believes their juvenile record no longer exists.

Minnesota’s Clean Slate Act and Juvenile Records

In 2023, Minnesota enacted the Clean Slate Act, significantly expanding automatic expungement for certain misdemeanor and gross misdemeanor cases. While the full details are beyond the scope of this article, the key point is this: if a misdemeanor or gross misdemeanor qualifies for automatic expungement under Minn. Stat. § 609A.015, juvenile delinquency records are included. In those situations, eligible juvenile records are treated the same as adult records and are automatically expunged without the need to file a petition.

Juvenile Records That Are Not Automatically Expunged

Not all juvenile records qualify for automatic expungement. The most common exception involves most felony-level juvenile adjudications. If a juvenile case does not meet the criteria under Minn. Stat. § 609A.015, it will not be automatically sealed or expunged.

That does not mean expungement is impossible—but it does require work. You need to do everything required of winning an expungement case just the same as an adult. A petition must be properly prepared, filed, and served on the correct agencies, followed by persuasive legal arguments presented to the court.

Conclusion

If you are seeking to expunge a juvenile record, it is critical to work with an attorney who focuses on expungement law and understands its nuances. While many Minnesota attorneys offer expungement services, not all have the experience necessary to navigate the complexities of juvenile records and automatic versus petition-based expungement. For knowledgeable and experienced representation, contact Peter Lindstrom of Subzero Criminal Defense for a free consultation at 651-248-5142.