When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Minnesota, expungement refers to the process of sealing a criminal record so that it is not publicly accessible. This process can be applied to both arrest and conviction records under certain conditions. Minnesota law allows for expungement in a variety of situations, including cases where the individual was not found guilty, the case was dismissed or resolved in favor of the defendant, or after the successful completion of a diversion program or stay of adjudication and a period of law-abiding behavior. For convictions, expungement may be available for certain low-level offenses after a statutorily defined period of time has passed without new offenses. The process involves filing a petition with the court, and the court has discretion to grant or deny the request based on factors such as the nature of the crime, the petitioner's criminal history, and the potential benefit to the petitioner versus the detriment to the public. If granted, the record is sealed from public view but may still be accessible to law enforcement and judicial authorities under certain circumstances. It is important to note that not all crimes are eligible for expungement, and the process can be complex, often requiring the assistance of an attorney.