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Understanding How a DWI Affects Your Criminal Record in Minnesota
For Minnesota drivers, one of the most pressing concerns after a DWI (Driving While Intoxicated) charge is understanding what it means for their criminal record. This isn’t just a short-term issue—how a DWI is categorized and recorded can have a long-lasting impact on many aspects of life, from background checks to employment and housing opportunities.
Minnesota, like all U.S. states, treats impaired driving as a serious offense. Whether the charge results in a conviction or not, it typically triggers a legal process that can include both criminal and administrative consequences. The question of whether a DWI “goes on your record” is not always straightforward. It depends on how the case is processed, whether a conviction occurs, and how Minnesota law treats different levels of DWI offenses.
This article explains how DWI offenses are recorded in Minnesota, what criminal records they affect, and what individuals can expect in terms of long-term implications. While it’s essential to avoid interpreting this as legal advice, this overview provides a clear, state-specific look at how Minnesota handles DWI-related records.
What Is a Criminal Record and How Is It Created in Minnesota?
A criminal record in Minnesota is a formal history of a person’s involvement with the criminal justice system. It typically includes arrests, charges, convictions, and sometimes dismissed charges or dropped cases. These records are maintained by the Minnesota Bureau of Criminal Apprehension (BCA) and are accessible to law enforcement, courts, and in many cases, employers or other third parties through background checks.
When someone is arrested for a DWI in Minnesota, that arrest becomes part of their criminal history—even if it does not lead to a conviction. However, the level of detail and accessibility of that information varies depending on whether the charges are dropped, reduced, or result in a conviction.
In Minnesota, even first-time DWI offenses are classified as misdemeanors or gross misdemeanors. More severe offenses, such as those involving injuries, minors in the vehicle, or high BAC levels, can rise to the level of felonies. Each of these classifications will show up differently on a person’s criminal record. The more severe the charge, the more likely it is to have lasting visibility and consequences.
Do All DWI Arrests Show Up on a Criminal Record in Minnesota?
Yes, in most cases, a DWI arrest will appear on your criminal record in Minnesota, even if you are not ultimately convicted. Arrest records are typically logged by the arresting agency and submitted to the state’s criminal database. While these records are not always as visible as convictions, they can still be discovered during background checks.
However, the impact of the arrest record varies. In some instances, individuals may seek expungement, which is a legal process that seals or removes certain records from public view. In Minnesota, not all DWI-related arrests are eligible for expungement, and eligibility often depends on the outcome of the case and how much time has passed since it was resolved.
It’s also worth noting that administrative penalties, such as license suspension, are separate from criminal charges. These may appear in driving records but are not necessarily part of a person’s criminal history.
How Long Does a DWI Stay on Your Criminal Record in Minnesota?
In Minnesota, DWI offenses typically remain on a person’s criminal record indefinitely unless they are expunged. Convictions do not expire or automatically disappear with time. Even after decades, a DWI conviction can appear during a routine background check, especially for jobs involving driving, security, or public safety.
That said, Minnesota law allows for some expungement opportunities. Under certain circumstances, individuals may petition the court to seal a criminal record. For example, if a person was charged with a misdemeanor DWI and successfully completed all court-ordered penalties, they may be eligible to apply for expungement after a waiting period.
The waiting period depends on the severity of the offense:
- Misdemeanor DWI: 2 years after the case closes
- Gross misdemeanor DWI: 4 years
- Felony DWI: Typically not eligible for expungement
Even if expunged, law enforcement agencies may still access the records internally. For the general public, however, an expunged record is typically no longer accessible in background checks conducted by private employers or landlords.
What Background Checks Reveal a DWI in Minnesota?
Different types of background checks reveal different information. In Minnesota, a criminal background check may uncover both arrests and convictions. Here’s how it breaks down:
- Standard Employment Checks: Often show misdemeanor and gross misdemeanor convictions
- Government or Security Clearance Checks: Likely to reveal the full arrest and conviction history, including expunged records
- Housing Background Checks: Can show DWI convictions, depending on the screening level used by landlords or agencies
- Driving Record Checks: Will include administrative actions like license suspension, even if the DWI didn’t result in a conviction
Minnesota maintains a centralized database of criminal records, so any DWI-related entry—especially convictions—can be relatively easy to find. The visibility of the record depends heavily on who is conducting the background check and why.
Can a DWI in Minnesota Affect Employment or Housing Opportunities?
Yes, a DWI on your criminal record in Minnesota can influence employment, especially for jobs that require driving, involve safety-sensitive responsibilities, or include working with vulnerable populations. Employers often screen applicants using criminal background checks, and a DWI conviction may raise concerns depending on the role and company policies.
Housing can also be affected. Many rental agencies use background screening services that include criminal records, and some landlords may deny applications based on DWI convictions. This is especially true if the offense was recent or part of a pattern of criminal behavior.
That said, Minnesota law encourages fair hiring and housing practices. Applicants may have opportunities to explain past convictions or demonstrate rehabilitation. In some cases, expungement may also improve access to housing or jobs by sealing records from public view.
Is a DWI in Minnesota Considered a Felony?
Not all DWI charges in Minnesota are felonies. In fact, most first-time DWI offenses are misdemeanors or gross misdemeanors. However, under specific conditions, a DWI can be charged as a felony. These include:
- Fourth DWI offense within 10 years
- Prior felony DWI conviction
- Involvement in a serious injury or fatal accident
Felony DWI convictions carry more severe penalties and create a more permanent and damaging mark on a person’s criminal record. Felonies in Minnesota typically remain on a criminal record for life, with limited or no eligibility for expungement.
For individuals concerned about the long-term impact of a felony DWI, the record can significantly limit job opportunities, housing options, and even access to certain professional licenses.
What Happens if You’re Not Convicted of a DWI in Minnesota?
Even if you are not convicted of a DWI in Minnesota, the arrest and charge may still appear on your criminal record. Dismissed charges, dropped cases, or not-guilty verdicts are still documented in criminal databases unless they are expunged.
This can be surprising to some individuals who assume that only convictions matter. In reality, any formal interaction with the criminal justice system—particularly when it results in an arrest—can leave a record.
Expungement is the primary tool for removing such records from public view. If the case did not result in a conviction, the waiting period for expungement may be shorter, and the chances of approval may be higher. However, this requires navigating Minnesota’s legal process and meeting specific eligibility criteria.
FAQ About DWIs and Criminal Records in Minnesota
Can a first-time DWI in Minnesota be expunged?
Yes, a first-time DWI may be eligible for expungement after a waiting period, depending on the severity of the offense and the outcome of the case.
Will employers see my DWI on a background check?
Possibly. Misdemeanor and gross misdemeanor DWI convictions often appear on standard background checks used by employers in Minnesota.
Do dismissed DWI charges still show up on my record?
Yes, unless expunged, dismissed charges can still appear on your criminal history and may be visible during background screenings.
How long do I have to wait to apply for expungement in Minnesota?
Generally, 2 years for misdemeanors, 4 years for gross misdemeanors. Felony DWIs are usually not eligible for expungement.
Is a DWI the same as a DUI in Minnesota?
No, Minnesota uses the term DWI (Driving While Intoxicated), not DUI. The two terms are often used interchangeably in casual conversation, but “DWI” is the correct legal term for the state.
Conclusion
Understanding how a DWI affects your criminal record in Minnesota is an important part of managing the long-term consequences of a charge. From arrest to potential expungement, each step in the legal process influences how your record is shaped and who can see it. Whether you’re concerned about employment, housing, or simply your public record, knowing how Minnesota handles DWI offenses helps you make informed, responsible decisions moving forward.
For a deeper explanation of how DWI charges are reflected on your record, visit How Long a DWI Stays on Your Record. To explore broader topics about how DWI history can impact your life, see DWI Records And Long Term Impact.