Minnesota Juvenile Conviction Expungement Frequently Asked Questions

Why would I want to seal my juvenile record?

In Minnesota, the juvenile courts keep your records until you turn 28, or much longer if you were prosecuted as an adult. So, although juvenile records are not open to the public, there is still a chance someone may be able to find out about them.

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Will it still show up on my background check after it is sealed?

In Minnesota, juvenile records (i.e. cases where the juvenile was not prosecuted as an adult) are already sealed. Only a few individuals/agencies would have access to juvenile records, but not the general public. However, there is an expungement statute for juvenile records that allows a juvenile court to expunge juvenile records, but that law does not state its effects. To date, there is no case law to clarify. However, adult expungement law allows you to state that you were not convicted and seals the records.

For juveniles who are prosecuted as adults, they are eligible to expunge under Minnesota law just like any adult.

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Can it still be used against me for a future conviction?

Juvenile offenses in Minnesota are sealed by default. Only select individuals & agencies have access to them—they are not open to the public. A prosecutor can request to obtain access sealed juvenile records in the future under limited circumstances. Also, any court that deals with the individual in the future (whether another juvenile court or an adult court) will be able to have access to the records for sentencing purposes.

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Do I have to disclose it ever?

This depends on who you are dealing with. Most law enforcement agencies/criminal justice agencies will be able to find out about the juvenile record. However, the general public (including private employers, landlords, etc.) will not find out about juvenile records, whether or not they have been “expunged.”

If a particular juvenile matter has been expunged, not just sealed, the individual can legally deny that they were ever charged with that offense.

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Can I become a schoolteacher, nurse, or other occupation?

Most state licensing agencies do not have access to juvenile records, whether or not they have been expunged. If an individual is applying for a “Human Services Licensing” (i.e. license for the care of troubled adults or children, such as a foster home), then the agency will have access to the juvenile records for licensing purposes. However, if your records are expunged then you can state that you were not convicted or adjudicated delinquent.

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What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not Minnesota state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

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What if I want to become a police officer?

Any law enforcement agency (including police departments) can have access to juvenile records, even if they have been sealed or expunged.

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What if the new job wants to call the court or my probation officer?

Your probation officer and the courts are not allowed to reveal information about juvenile records to employers in the private sector (as well as most employers in the public sector), whether or not the records have been expunged.

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Can anyone access my juvenile records once it sealed or expunged?

Any future court (whether or adult or juvenile) can obtain your juvenile records, even if they have been “expunged.”

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What is the difference between sealing and expunging?

Sealing operates automatically. This means that juvenile cases in Minnesota are tightly sealed as a matter of law—only you and select individuals/agencies have access to them.

Expungement is just sealing taken one step further. It technically does not “destroy” all of your records, but makes it even harder to find. Further, you can legally deny having committed the offense if it has been “expunged.”

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What if I have convictions as an adult also?

Juvenile records are automatically sealed in Minnesota regardless if adult convictions.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case, if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon be sealed.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the important information to the judge so he knows why you are deserving to have your record cleared. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are better to argue the case in your favor.

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How long does the process take?

The process can take five to six months, depending on your individual circumstances, the court’s workload at the time, and whether there are any objections from the government, the victim, or other interested parties.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it expunged.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What if I have multiple cases?

It does not matter. Each juvenile record is sealed as a matter of law. As for expungements, having multiple offenses does not necessarily prevent one from expunging any one offense.

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Will it relieve me of the requirement to register?

No. If you have committed an offense that requires sex offender registration, nothing that occurs with the juvenile case will have affect that. Furthermore, offenses that require sex offender registration are not eligible for expungement according to the adult law.

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Can I vote after this?

In Minnesota, your voting rights are automatically restored upon your completion of the sentence.

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Will this restore my right to own a firearm?

No. There is a separate procedure to get your gun rights restored. Having the juvenile records sealed or expunged will not automatically restore your gun rights.

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