In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Minnesota, criminal records, which include arrests, convictions, and other proceedings, are generally public. However, under certain conditions, these records can be expunged or sealed. Expungement in Minnesota means that the record is completely destroyed or returned to the subject of the record. Sealing, on the other hand, restricts access to the record, making it inaccessible to private parties but still available to government agencies for specific purposes. Minnesota law allows for the sealing of criminal records in various situations, such as after a certain period of time has passed without new offenses, or if the individual can demonstrate rehabilitation or a need to protect their privacy that outweighs the public interest in accessing the records. Certain records are not publicly available, including juvenile records, unexecuted warrants, and documents that could reveal defense strategies or juror information. Judges in Minnesota also have the discretion to seal additional documents or close hearings to protect victims, witnesses, ongoing investigations, defendants' rights, or national security. Federal judges have limited authority to seal criminal records, and the circumstances under which they may do so are much narrower than state provisions. The specific statutes governing the sealing or nondisclosure of criminal records in Minnesota can be found in the state's statutes, and individuals seeking to have their records sealed may need to petition the court and meet the criteria set forth in these laws.