What are the limits on the Chapter 609A expungement remedy?
Chapter 609A puts two limits on the scope and effect of expungement orders.
First, if the criminal proceedings were supported by a probable cause determination, the law prohibits the sealing, return, or destruction of DNA samples and DNA records held by the Bureau of Criminal Apprehension.
Second, the law authorizes expunged records to be opened under either of the following circumstances:
• any criminal record may be opened upon a court’s ex parte order for purposes of a subsequent criminal investigation, prosecution, or sentencing; and
• a criminal conviction record may be opened without a court order in order to evaluate a prospective employee of a criminal justice agency.
The agency maintaining the expunged records must inform a law enforcement, prosecution, or correctional agency, on request, that a sealed record on an individual exists and that the agency has a right to obtain access to it as provided by this law.
What convictions are eligible for the Chapter 609A expungement remedy?
The following individuals are eligible to petition for an expungement order under chapter 609A.
• Certain controlled substance offenders. A person who was convicted of unlawful possession of a controlled substance may petition for expungement if the court stayed adjudication of the person’s guilt under Minnesota Statutes, section 152.18, and then dismissed the charges after the person’s successful completion of probation.
• Juveniles prosecuted as adults. A person who was certified to stand trial as an adult under the juvenile code, convicted of the crime, and committed to the custody of the Commissioner of Corrections may petition for expungement if the person was finally discharged by the commissioner or was placed on probation and successfully completed its conditions.