Are Juvenile Cases Automatically Expunged in Minnesota? An Expungement Attorney Explains.
Juvenile cases are treated differently in most respects to cases in adult criminal court. The rules regarding juvenile cases are found an entirely different chapter of Minnesota statutes. (260B). And the differences do not stop once your case is done and there is a court record. There is a great deal of confusion around juvenile records because some people use the word “expungement” loosely when the juvenile court isn’t really expunging it.
The Myth of Universal Juvenile Record Expungement in Minnesota
There is a statute that mandates the Bureau of Criminal Apprehension (BCA) must destroy a juvenile’s record at the age of 28. Minn. Stat § 299C.095. One might assume you are automatically in the clear once you reach the age of 28. However, you may be in for a rude surprise when applying for a job, promotion, or housing after the age of 28. The BCA is only one agency among many that have your records. The local police department are free to keep the records as long as their own protocols call for. And the district court, retains an electronic record of your juvenile case indefinitely. Which causes the BCA destruction of records law to be not very helpful in the real world. Background checks don’t necessarily rely on the BCA, and can often find your records through other avenues that don’t destroy your records when you turn 28.
Minnesota’s New Clean Slate Act
Notwithstanding the illusory clearing of juvenile records from the BCA, Minnesota opened up many misdemeanor and gross misdemeanors to become automatically expunged in 2023. There is not space in this post to go over all of the particulars. But if your misdemeanor or gross misdemeanor is a qualified expungement under Minn. Stat. § 609A.015, the juvenile record will be expunged because the statute includes juvenile delinquency records under the same umbrella as adult records for automatic expungement.
Juvenile Records that are not automatically expunged
If your juvenile record is not qualified for expungement under Minn. Stat. § 609A.015, then it is not going to be automatically expunged. The biggest area where this occurs is felony juvenile adjudications. You may still petition the court for a juvenile expungement, but it requires filing the right papers, serving the right people, and arguing the best arguments to the judge. It can be very difficult to discern what happens to your juvenile record because of all of the differing statutes. It’s highly recommended you reach out to an expungement attorney if you have questions about your specific case.
Conclusion
If you want to expunge your juvenile records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
