Minnesota Criminal Court Records

Minnesota criminal court records are legal documents created during the prosecution of criminal cases. They provide a detailed account of the judicial process for each case, documenting how charges are filed, prosecuted, and resolved. Criminal court records support due process by providing an official and accurate record of criminal proceedings, thereby promoting transparency and accountability. The Minnesota Judicial Branch is the custodian of criminal court records, and access to these records is governed by the Minnesota Government Data Practices Act (MGDPA) and the Rules of Public Access to Records of the Judicial Branch.

Are Criminal Court Records Public in Minnesota?

Yes. The Minnesota Government Data Practices Act (MGDPA) and Rules of Public Access to Records of the Judicial Branch authorize public disclosure of criminal court records. Upon receiving a request, all courts in Minnesota are required to allow citizens to inspect or obtain copies of original versions of criminal court records during regular working hours. Some criminal records may not be available to the public because of their confidentiality (Minnesota Court Rule 4). Examples include juvenile criminal court records, identifying information of minors, and responses to petitions for the expungement of criminal records.

What Criminal Court Records Contain in Minnesota

Criminal court records include complaints, charging documents, indictments, motions, evidence lists, sentencing orders, hearing transcripts, judgments, and dockets. Minnesota criminal records typically contain:

• Case number and citation number
• Case title, filing date, case type, case status, and case location
• The defendant's name, date of birth, and address
• Appearance date, charge, statute, and disposition date
• Level of charge, offense date, and community of offense,
• law enforcement agency and the prosecuting agency's name
• Case events and their dates, dispositions, and financial information

Minnesota Criminal Court Records Search

The Minnesota Judicial Branch provides online, by mail, and in-person access to criminal court records. Online requests may be made via the following portals:

• Minnesota Court Records Online (MCRO): This tool provides access to many public criminal records maintained at the district courts. Users can conduct a case search, document search, or hearing search.
• Minnesota Appellate Courts Case Management System (P-MACS): This portal provides access to criminal court records handled by the Court of Appeals and the Supreme Court. Users can search by case or participant.

District courthouses in Minnesota offer online access to statewide criminal court records through their public access terminals. To use them, interested persons will be required to provide specific search criteria to locate the appropriate record. Each district courthouse also offers in-person counter access to criminal court records in paper form. Court clerks do not charge fees for plain record copies, but certified copies cost $14 per document. Record seekers can also mail a completed Copy Request Form or write a letter to the district court in the county where the case was filed.

Free Access to Criminal Court Records in Minnesota

There are several ways to view or obtain copies of criminal court records in Minnesota at no cost:

• Online: Individuals may use the Minnesota Court Records Online (MCRO) or Appellate Courts Case Management System (P-MACS) portals to view criminal court records without charges. The search criteria include the individual's name, business name, attorney name, judicial officer name, case number, citation number, or attorney bar number.
• By mail: Residents may mail a completed Copy Request Form or write a letter to the district court in the county where the case was heard. Only plain copies may be obtained for free, and anyone seeking certified copies must pay $14.
• In-person: Interested individuals may visit the district court in the county where a criminal case is pending to view or copy criminal records at no charge. They can use the public access terminals to search by entering a name or case number. Requesters can also visit the counter to request plain copies of court records from the criminal court.

Sealing and Expungement of Criminal Court Records in Minnesota

In Minnesota, both sealing and expungement result in records being hidden from public view; however, the state prefers expungement as the formal legal process. Expungement is essentially an order to seal the criminal record. When a judge grants a statutory expungement, the court instructs law enforcement agencies, prosecutors, and other government offices to seal their copies of the record, so the public cannot view them. The record still exists because it has not been physically destroyed, but is closed to public inspection and most background checks. Certain agencies, such as law enforcement or immigration authorities, may still access it if permitted by law. The word sealing is often used informally to describe the result of an expungement, which is to seal the record from public access. Minnesota law does not provide a separate process called sealing apart from expungement. In practice, expungement is the legal action that achieves sealing rather than destruction.

How to Seal Criminal Court Records in Minnesota

In Minnesota, sealing criminal court records follows a process similar to expungement. Individuals with offenses unrelated to cannabis or mistaken identity should review Minnesota Statutes § 609A to determine their eligibility. Applicants must complete the appropriate expungement form and pay the filing fee, unless they qualify for a fee waiver. Copies of this form must be served on the relevant agencies involved in the case at least 63 days before the scheduled hearing date. At the hearing, the judicial officer will review the applicant's petition and any responses from the relevant agencies, and then decide whether to grant or deny the request. The judicial officer will sign an order if the sealing is granted. All appropriate agencies will receive the order to seal the petitioner's records.

How to Expunge a Criminal Record in Minnesota

Expungement seals a person's criminal record in Minnesota. It does not destroy the record, but removes it from public view. The Minnesota expungement process takes about 4 to 6 months. Below is a step-by-step process of expunging criminal records in Minnesota:

• Step 1: Determine Eligibility

County District Courts automatically expunge criminal offenses covered by the Cannabis Act (Minn. Stat. § 609A.055) and those related to mistaken identity (Minn. Stat. § 609A.017). Other offenses must meet the eligibility criteria outlined in Minnesota Statutes, Chapter 609A, to qualify for complete expungement in Minnesota.

• Step 2: Fill out the Necessary Expungement Forms

Eligible individuals can download criminal expungement forms from the Minnesota Judicial Branch or visit the local courthouse to obtain copies. They must complete the Notice of Hearing and Petition for Expungement (EXP-102) and make multiple copies of it.

• Step 3: Serve the Form on each Agency and their Attorneys

Serve copies of the Notice of Hearing and Petition for Expungement (EXP102) and the unsigned proposed Order on all state and local agencies and their attorneys with criminal records in their custody. The order can either be the Order Concerning Sealing / Expunging Records (M.S. 609A.02, subd. 3) or Order Concerning Sealing / Expunging Records (M.S. 609A.02, subd. 1 or 2). Most petitioners must serve the Minnesota Bureau of Criminal Apprehension, the prosecuting attorney, the Attorney General's Office, the sheriff's department, the county attorney, the county department of corrections (probation), and the local police department. Ensure to collect the signed Proof of Service - Criminal Expungement (EXP104) from the server.

• Step 4: File the Necessary Forms with the District Court

Petitioners must file the Notice of Hearing and Petition for Expungement, the proposed order, and the Proof of Service with the court administrator's office. The court does not require a filing fee for cases that were resolved in favour of the petitioner. Those who were convicted must pay a filing fee. The court can waive the filing fee if the petitioner completes an Affidavit to Request Fee Waiver.

• Step 5: Each Agency Opportunity to Object

All agencies served with the expungement forms can respond to the petition. All responses must be sent to the court and the petitioner.

• Step 6: Court Hearing

Petitioners must obtain a hearing date from Court Administration, which must be within 60 days from the date notice is mailed, plus 3 days for mailing. The petitioner must be present at the hearing and bring copies of the expugement forms as reference. The judge can either sign the proposed order provided by the petitioner or prepare their own order. They can either grant or deny the petition. The court administrator's office will send the signed order to all the agencies served with the petition. These agencies have 60 days to appeal the order. If no appeal is filed, the petitioner's criminal record will be sealed 60 days after the order is filed.

Criminal Records in Minnesota vs Court Records

In Minnesota, criminal records are a statewide history of a resident's interactions with law enforcement agencies. The Minnesota Bureau of Criminal Apprehension (BCA) is the custodian of these records. Their primary purpose is to provide a consolidated background of an individual's criminal history for law enforcement, background checks, licensing, and employment screenings.

Court records, on the other hand, are the official documents created by the courts for each specific case. The Minnesota Judicial Branch is the custodian of these records. Their purpose is to document the judicial process for a particular prosecution or civil matter, showing how a case moved through the court system rather than summarizing a person's entire criminal history.

Requesting a Minnesota Criminal History Record

The Minnesota Bureau of Criminal Apprehension (BCA) maintains a Criminal History System (CHS) that allows individuals to access criminal history records of people arrested for felony, gross misdemeanor, and misdemeanor offenses. Users must enter a last name, a first name, and a date of birth in the search field to view records for free. Criminal justice agencies use the information retrieved from the CHS for decisions regarding arrests, investigations, bail or bond, criminal charges, convictions, plea bargains, probation, and placement in correctional facilities. They can also use the information during background checks. Minnesota residents request criminal history records for various purposes, including personal use, employment, housing, licensing, or international travel.

How to Request a Minnesota State Background Check

Individuals can submit a Data Request to request a background check on themselves. New users must create an account and log in to the portal using their email address and password. Those who wish to have their background checks returned must complete the personal request form. However, an informed consent form must be completed if the record is to be sent to someone else. Background checks on self and charitable non-profit cost $8 each, while general/statutory background checks cost $15. Requests for background checks can also be made by mail or in person at:

Minnesota Bureau of Criminal Apprehension

Active vs Archived Criminal Cases in Minnesota

In Minnesota, an active criminal case is awaiting hearings, sentencing, or other legal actions, or it has been recently closed but remains on the court's live calendar or online portals. Active cases can be searched and viewed online or at the courthouse during business hours.

An archived criminal case has been closed for a significant period and has been removed from the court's active management system. These files are typically transferred to off-site storage or the Minnesota State Archives. To access an archived case, requesters may need to submit a written or formal records request to the court administration or the State Archives.