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Understanding DWI Expungement and Record Sealing in Minnesota
For Minnesota residents who have been through the process of a DWI (Driving While Intoxicated), the lingering question often becomes: Can this ever be removed from my record? The answer, in many cases, is nuanced. A DWI can leave a lasting footprint not only on your criminal record but also on your driving history. While some elements of that record can potentially be sealed through expungement, others may remain indefinitely.
Minnesota treats impaired driving seriously, and DWI charges—even for a first-time offense—can lead to both criminal consequences and administrative penalties. The effect of these outcomes on your record can influence employment opportunities, rental applications, professional licensing, and auto insurance rates for years.
This post breaks down what expungement and sealing mean in Minnesota, which types of DWI records might be eligible, how the process works, and what the realistic expectations should be. While this article is informational and not legal advice, it provides a complete overview of the procedures and rules relevant to Minnesota DWI expungement.
What Is Expungement in Minnesota?
Expungement is the process by which a person can request that a court seal certain parts of their criminal record from public view. In Minnesota, expunged records are not deleted, but access to them is significantly limited. This means they are no longer visible in standard background checks conducted by most employers, landlords, or private entities.
Expungement does not remove the existence of the event—it simply limits who can access the record. Law enforcement, courts, and certain government agencies still retain the ability to view the sealed information in specific circumstances.
In Minnesota, there are two broad types of records that can result from a DWI:
- Criminal Record – Maintained by the courts and Minnesota Bureau of Criminal Apprehension (BCA), this includes charges, convictions, and court documents.
- Driving Record – Maintained by the Minnesota Department of Public Safety (DPS), this includes administrative penalties like license revocations or suspensions.
Expungement laws in Minnesota mostly apply to the criminal record, not the driving record. Understanding that distinction is key to knowing what can and cannot be sealed.
Types of DWI Records That May Be Expunged
Not all DWI-related records are treated the same. In general, expungement applies to criminal cases. The eligibility for expunging a DWI-related record depends on:
- The outcome of the case (conviction, dismissal, diversion, acquittal)
- The severity of the charge (misdemeanor, gross misdemeanor, felony)
- The time that has passed since the case was resolved
- The individual’s history since the offense
Misdemeanor DWI
A first-time DWI offense in Minnesota is often charged as a misdemeanor, especially if the BAC was below 0.16 and no aggravating factors were present. These cases may qualify for expungement if:
- All court-ordered requirements (fines, probation, treatment, etc.) have been completed
- At least 2 years have passed without any new charges or convictions
Gross Misdemeanor DWI
If a DWI involved a BAC of 0.16 or higher, a minor in the vehicle, or was a second offense within 10 years, it may be charged as a gross misdemeanor. These cases can also be eligible for expungement, but the waiting period is longer—typically 4 years after completing the sentence.
Felony DWI
A DWI becomes a felony in Minnesota if it is the fourth or subsequent offense within 10 years, or if the individual has a prior felony DWI conviction. Felony DWIs are not eligible for expungement under current Minnesota law, regardless of how much time has passed.
Dismissed or Acquitted Cases
If a DWI charge was dismissed, or the individual was acquitted (found not guilty), the case is often eligible for expungement immediately or after a shorter waiting period, depending on court documentation and whether any probation was involved.
Waiting Periods for Expungement Eligibility
Minnesota sets specific statutory waiting periods that must pass before someone can file a petition for expungement. These timelines begin after all aspects of sentencing are completed, including probation, fines, treatment programs, or other court-ordered conditions.
| Case Outcome | Waiting Period |
|---|---|
| Dismissed charges | 0–1 year |
| Stay of adjudication | 1 year |
| Misdemeanor conviction | 2 years |
| Gross misdemeanor conviction | 4 years |
| Felony DWI conviction | Not eligible |
To qualify, the individual must not have committed any new criminal offenses during the waiting period.
What Expungement Can and Cannot Remove
When expungement is granted, the court seals the criminal court records and related entries in the BCA database. This generally means the following can be sealed:
- Police reports
- Court docket entries
- Conviction records
- Booking photos (mugshots)
- BCA criminal history entries
However, expungement does not affect records maintained by the Minnesota Department of Public Safety, including:
- Driver’s license revocation or suspension
- Ignition interlock requirements
- Administrative penalties resulting from implied consent violations
- Entries in the Driver and Vehicle Services (DVS) system
This distinction is crucial: even if a DWI criminal case is expunged, the administrative side of the case (the driver’s license penalties) may still be visible on a motor vehicle record.
The Expungement Process in Minnesota
Expungement is a formal legal process that involves filing a petition with the district court in the county where the case was handled. The process includes several steps and typically takes four to six months from start to finish.
Step-by-Step Breakdown
- Determine Eligibility
Review the case outcome and timing to ensure eligibility. - Complete the Petition
The petition must include personal details, case number, reason for expungement, and supporting documentation. - Serve the Petition
Copies must be served to relevant government agencies, including the BCA, DPS, city attorney’s office, and others depending on the case. - Attend a Court Hearing (if scheduled)
Some petitions require a court appearance where a judge will review the case and hear arguments. - Judge’s Decision
The judge considers several factors including the severity of the offense, the time since the case closed, rehabilitation efforts, and public interest. - Expungement Order Issued
If granted, the order will direct certain agencies to seal the eligible records.
Impact of Expungement on Employment and Housing
A major benefit of expungement is its ability to limit how DWI records appear in background checks. For employment, housing, and volunteer work, many organizations use commercial background screening services that rely on publicly available court data.
Once a record is expunged:
- The DWI conviction or charge will no longer appear on most employer or landlord checks
- Applicants can legally state they have not been convicted of a crime in many contexts
- The record becomes far less of a barrier to housing, licensing, or job opportunities
That said, expungement does not prevent all access. Government agencies, courts, and law enforcement may still see sealed records under certain conditions.
Can Driving Records Be Expunged?
No. In Minnesota, the driving record is considered a separate administrative record and is not covered by the expungement laws that apply to criminal court records. Even if a DWI charge is expunged from the court system, the driving-related penalties (such as license revocation) will remain visible on your official DPS record.
This matters for:
- Insurance companies (who often check driving records)
- Employers requiring driving duties
- Future legal cases involving new driving violations
The administrative record is permanent and maintained for tracking repeat violations or calculating penalties for future infractions.
Can an Expunged DWI Be Used Against You Later?
Even if a DWI is expunged, law enforcement and the courts may still access the sealed record in certain situations. For example:
- In a future criminal proceeding, a judge may consider the prior DWI during sentencing.
- In some licensing applications (e.g., law enforcement, healthcare), expunged records may still be evaluated.
- If applying for certain government positions, sealed records may still be disclosed during background investigations.
This means that while expungement significantly reduces public visibility, it does not erase the event from existence in legal terms.
How Does Expungement Affect Insurance?
Expungement typically does not affect your auto insurance. This is because insurers rely on your driving record, not your criminal record. Since DWI-related penalties like license revocations remain on your DPS file, insurers will still see them.
In practice:
- Insurance rates may remain elevated for 3–5 years after a DWI
- Expungement does not reset your insurance profile
- Expunged criminal cases do not remove license points, suspensions, or SR-22 requirements
Drivers with an expunged DWI may still be considered “high-risk” by insurers until enough time has passed.
FAQ: DWI Expungement in Minnesota
Can you expunge a DWI in Minnesota?
Yes, if it is a misdemeanor or gross misdemeanor and meets eligibility rules. Felonies generally cannot be expunged.
How long do you have to wait before filing for expungement?
2 years for misdemeanors, 4 years for gross misdemeanors, and immediate eligibility for dismissed or acquitted cases.
Does expungement apply to license suspensions?
No. License-related records are not affected by criminal expungement.
Will an expunged DWI still show up in background checks?
Most private background checks will no longer show an expunged DWI, but government agencies may still have access.
Does expungement remove the DWI from my insurance history?
No. Insurance companies rely on your driving record, which is not cleared through expungement.
Is expungement automatic in Minnesota?
No. You must file a formal petition with the court, notify multiple agencies, and sometimes attend a hearing.
What’s the biggest benefit of DWI expungement?
It helps reduce barriers in employment, housing, and professional licensing by hiding the record from most public background checks.
Conclusion
Expungement offers a second chance for Minnesota drivers looking to move forward after a DWI conviction or charge. While not all cases are eligible, and the process takes time and effort, the potential benefits are significant—especially when it comes to employment and housing opportunities. However, it’s equally important to understand that expungement doesn’t erase administrative records or shield a DWI from all types of scrutiny.
To learn more about the long-term visibility of DWI offenses, visit How Long a DWI Stays on Your Record. For an in-depth look at how impaired driving charges impact your future, explore DWI Records And Long Term Impact.