Can a DWI Be Expunged in Minnesota? A Minnesota Expungement Attorney Explains
One of the most common questions I hear from clients is whether a DWI can be expunged in Minnesota. A DWI can affect everything from employment to housing to professional licensing, so it’s natural to wonder whether it can ever be sealed from public view. The answer is: Yes, misdemeanors and gross misdemeanors can be expunged.
What Expungement Really Means
In Minnesota, “expungement” generally means sealing a record, not erasing it. When a record is sealed, most employers, landlords, and the general public can no longer access it. However, there are certain circumstances when government agencies can re-open your record if needed. It is not a blank check for any government agency to have all of your records available at all times. But understand that there are certain situations, like if you are applying to become a police officer, where law enforcement agencies are allowed to unseal your record prior to deciding to hire you. It is important to talk with an expungement attorney to talk through if expungement will help you based on your particular needs.
When a DWI Might Be Eligible
Minnesota’s expungement laws allow non-felony offenses to be sealed after certain waiting periods and conditions are met. Generally they are
- Two years after discharge from probation for a misdemeanor.
- Three years after discharge from probation for a gross misdemeanor.
- You need to remain crime free during the waiting period or the waiting period starts over again.
However, eligibility does not guarantee approval. A judge must still weigh weigh the benefits of granting you an expungement against the disadvantages to public safety. Minnesota Statute § 609A.03.
When a DWI Is Not Eligible
Felony DWIs — including 1st DWI — are not currently eligible for expungement in Minnesota. However, that does not necessarily mean there is no avenue to get rid of the record. A pardon may be another viable option if that is the situation you are in. Contact an expungement attorney to discuss your options.
What the Court Looks For
When you file an expungement petition, the court examines your entire criminal history, conduct since the incident, rehabilitation efforts, employment stability, sobriety, and overall need for relief. The process often involves serving multiple agencies and attending a hearing. Because of this, having an attorney who understands how Minnesota judges evaluate DWI expungements can make a meaningful difference.
Bottom Line
A DWI in Minnesota can be expunged under the right circumstances. If your conviction doesn’t qualify for expungement, a pardon might ben alternative route to take. If you have questions or want to get your record expunged or pardoned, contact Subzero Criminal Defense for a free consultation. 651-248-5142. We’re a firm that is focus on expungement, pardons, and appeals. Hire the firm that focuses on the specific issue you want solved.