How Long Does a Misdemeanor Stay on Your Record in Minnesota?
2 months ago by Justin M. Schiks
A common concern for individuals facing misdemeanor charges is how long does a misdemeanor stay on your record? In Minnesota, the duration depends on the severity of the charge, but in most cases, misdemeanors remain on a criminal record indefinitely unless they are expunged. Under Minnesota law, a standard misdemeanor can be eligible for expungement after two years without any new criminal offenses, while gross misdemeanors require a four-year waiting period. If you have a misdemeanor on your record, our firm can help you explore options for clearing your name and protecting your future.
It is important to understand that expungement is not automatic even after the waiting period has passed. You must petition the court, provide documentation, and sometimes attend a hearing to demonstrate why clearing your record is justified. The court considers factors such as rehabilitation efforts, employment history, and community involvement. Having legal representation can significantly improve the chances of a successful expungement petition.
Is It Possible to Expunge a Misdemeanor Charge?
Yes, most misdemeanors in Minnesota can be expunged under certain conditions. Minnesota law allows individuals to petition for expungement after a designated waiting period, provided they have met all sentencing requirements and remained free from further legal trouble.
Expungement is a legal process that seals a criminal record from public access. This means employers, landlords, and most entities conducting background checks will no longer see the charge. However, law enforcement and certain government agencies may still have access.
According to Minnesota Statute 609A.02, individuals convicted of a misdemeanor must wait two years after completing their sentence before filing for expungement. This waiting period begins after probation, fines, or any required community service obligations are fulfilled.
If an individual successfully obtains an expungement, they will no longer need to disclose the conviction on job or housing applications. This can greatly improve employment prospects and access to better living situations. Additionally, removing a misdemeanor from public records can restore certain rights, such as eligibility for professional licenses.
What Are the Exceptions and Limitations for Expunging a Misdemeanor in Minnesota?
While expungement offers a path to a clean slate, not all misdemeanors are eligible for expungement under Minnesota law. Certain criminal offenses have stricter limitations, making removing them from your record difficult or even impossible.
Misdemeanor Charges That May Be Ineligible for Expungement:
- Domestic violence-related offenses
- Sexual misconduct or indecent exposure
- Certain DUI/DWI convictions
- Violent crimes involving physical harm or threats
Additionally, individuals with multiple criminal convictions may face challenges obtaining an expungement, as the court considers the overall criminal history before granting relief. A judge may deny an expungement petition if there is evidence of repeat offenses or a perceived risk to public safety.
Kansas Statute 21–6614 outlines similar expungement laws, highlighting the need for a strong legal case when petitioning for record sealing. In Minnesota, an experienced criminal defense lawyer can assess your case and help build a compelling argument for expungement.
What Are the Consequences of a Misdemeanor Conviction in Minnesota?
Even though misdemeanors are considered less severe than felonies, they can still have long-term consequences that impact various aspects of life. Many people underestimate how a seemingly minor charge can affect their future opportunities.
Potential Consequences of a Misdemeanor Conviction:
- Employment Challenges – Many employers conduct background checks, and a misdemeanor record may limit job prospects, especially in fields requiring professional licensing.
- Housing Issues – Landlords frequently screen applicants; a criminal record can result in denied rental applications.
- Professional Licensing Barriers – Some professions, such as healthcare, education, and law enforcement, have strict background check policies that may disqualify individuals with criminal records.
- Higher Insurance Rates – Certain misdemeanor convictions, particularly DUI-related offenses, can increase auto insurance premiums.
- Loss of Firearm Rights – Some misdemeanor charges related to domestic violence or weapons offenses may restrict an individual’s right to own or possess firearms.
A misdemeanor conviction can also affect child custody disputes, travel restrictions, and educational opportunities. Certain misdemeanor charges could disqualify individuals seeking financial aid from obtaining grants or loans. Understanding the full scope of these consequences underscores the importance of exploring legal options to mitigate or expunge a misdemeanor conviction.
Given these potential consequences, seeking legal assistance for record expungement or mitigating a misdemeanor conviction is crucial.
Contact Our Minnesota Criminal Defense Lawyers for Expert Assistance
If you are wondering how long a misdemeanor stays on your record or whether you qualify for expungement, our experienced criminal defense attorneys can provide the guidance you need. We understand the complexities of Minnesota’s expungement laws and will work diligently to help you achieve the best possible outcome.
Don’t let a past mistake dictate your future. Contact our firm today to discuss your legal options and take the first step toward clearing your record.
