Can a DWI Conviction Be Expunged in Minnesota?
A DWI (Driving While Impaired) conviction in Minnesota can have long-lasting consequences, affecting employment opportunities, housing applications, and even professional licensing. If you’ve been convicted of a DWI, you may be wondering: Can a DWI conviction be expunged in Minnesota?
Yes, a DWI conviction can be expunged in Minnesota, but eligibility depends on the severity of the offense. First-time misdemeanor and gross misdemeanor DWI convictions may qualify for expungement after a waiting period, while felony DWIs generally cannot be expunged.
With decades of experience handling Minnesota DWI cases, I understand how expungement laws work and how to help clients clear their records. In this article, I’ll explain Minnesota’s DWI expungement process, eligibility requirements, and how to improve your chances of success.
What Is Expungement?
Expungement is a legal process that seals a criminal record, making it inaccessible to the public. This means that background checks performed by employers, landlords, and financial institutions will not show the expunged conviction.
However, some government agencies and law enforcement officials may still access the record in certain situations.
Who Is Eligible for DWI Expungement in Minnesota?
Minnesota law allows expungement for certain DWIs, but not all cases qualify.
DWI Expungement Eligibility by Offense Type
| DWI Offense | Expungement Eligibility | Waiting Period |
|---|---|---|
| Misdemeanor DWI | Eligible | 2 years after sentence completion |
| Gross Misdemeanor DWI | Eligible | 4 years after sentence completion |
| Felony DWI | Not Eligible | Cannot be expunged |
- Misdemeanor DWI: A first-time offense with a BAC below 0.16 typically falls into this category.
- Gross Misdemeanor DWI: A second-time offense or a first-time offense with a BAC of 0.16 or higher.
- Felony DWI: A fourth or subsequent DWI within 10 years or one that caused serious injury or death.
Felony DWI convictions cannot be expunged under Minnesota law.
What Are the Requirements for a DWI Expungement in Minnesota?
To qualify for expungement, you must meet the following conditions:
✔ Completed All Sentencing Requirements – Including probation, community service, and alcohol treatment programs.
✔ No New Criminal Offenses – You must maintain a clean record during the waiting period.
✔ Proven Rehabilitation – Showing evidence of employment, sobriety, and community involvement strengthens your case.
✔ Sufficient Time Has Passed – You must wait 2 years for misdemeanors and 4 years for gross misdemeanors before applying.
If all conditions are met, the court may grant expungement after reviewing the case.
How to Expunge a DWI Conviction in Minnesota
1. Obtain Criminal Records
- You need a copy of your DWI conviction records from the Minnesota Bureau of Criminal Apprehension (BCA).
2. File an Expungement Petition
- Submit a petition for expungement in the county where the DWI occurred.
- Provide all supporting documents, including proof of rehabilitation.
3. Serve Copies to Agencies
- Send copies of the petition to prosecutors, law enforcement, and the Minnesota Attorney General’s Office.
4. Attend the Expungement Hearing
- A judge will review the case and determine if sealing your record is in the best interest of justice.
5. Wait for the Final Decision
- If approved, the record is sealed within 60 days.
Since expungement is not guaranteed, working with an experienced attorney increases your chances of success.
What Factors Can Affect a DWI Expungement Decision?
When reviewing expungement requests, the court considers several factors:
✔ The severity of the DWI offense – Felony DWIs are not eligible, while misdemeanors and gross misdemeanors are more likely to be expunged.
✔ Public safety concerns – If the court believes expunging the record could put the public at risk, it may deny the request.
✔ The individual’s rehabilitation – A history of sobriety, employment, and community service strengthens an expungement case.
✔ Objections from law enforcement or prosecutors – If the prosecution objects to the expungement, it may be harder to win the case.
Having an experienced attorney advocate on your behalf can help overcome objections and demonstrate rehabilitation.
How Does a DWI Expungement Impact Employment and Background Checks?
Many people seek DWI expungement to improve their chances of securing employment, housing, or professional licensing. However, understanding how expungement affects background checks is crucial.
How Expungement Affects Job Applications and Background Checks
| Scenario | Effect of DWI Expungement |
|---|---|
| Standard Employment Background Checks | Employers will not see the expunged DWI unless they work for a government agency. |
| Professional Licensing Boards | Some state licensing boards may still access the record, especially in law, healthcare, or finance. |
| Government & Law Enforcement Jobs | Agencies like police departments or military branches can still view expunged records. |
| Housing Applications | Landlords running standard background checks will not see the expunged DWI. |
| College Admissions & Scholarships | Most universities will not have access to an expunged record, but some may still ask about past convictions. |
Will an Expunged DWI Still Appear in Public Records?
No, once a DWI is expunged, it will not show up in standard background checks used by employers or landlords. However, government agencies, courts, and law enforcement may still access sealed records under certain conditions.
How Long Does a DWI Expungement Take in Minnesota?
The expungement process typically takes 4 to 6 months from the time the petition is filed to the final decision.
Expungement Timeline Breakdown
| Step | Estimated Timeframe |
|---|---|
| Gathering records & filing petition | 2–4 weeks |
| Serving copies to agencies | 1–2 weeks |
| Court hearing & review | 2–3 months |
| Final decision & record sealing | 30–60 days |
If an objection is raised, the process may take longer.
What Are Common Reasons a DWI Expungement Gets Denied?
Not all DWI expungement requests are approved. Courts carefully evaluate each case, and certain factors can lead to a denial.
Reasons a Minnesota Court May Deny a DWI Expungement
✔ Multiple Prior DWI Convictions – Repeat offenders are less likely to qualify for expungement.
✔ Recent Criminal Activity – If the petitioner has committed additional crimes, expungement is unlikely.
✔ Failure to Complete Sentence Requirements – If probation, fines, or alcohol treatment programs were not completed, the court may reject the request.
✔ Objections from the Prosecution – If prosecutors argue that expungement is not in the public’s best interest, it may be denied.
✔ Severity of the DWI Incident – If the DWI involved a high BAC, injuries, or a child passenger, the court is less likely to grant expungement.
Can You Reapply for Expungement After a Denial?
Yes. If a DWI expungement is denied, you may be able to:
✔ Wait a few years and reapply with stronger evidence of rehabilitation.
✔ Address the court’s concerns (e.g., completing additional treatment programs).
✔ Hire an experienced DWI attorney to present a more compelling case.
How Can an Attorney Help with a DWI Expungement?
✔ Ensure all paperwork is properly completed and filed.
✔ Present strong evidence of rehabilitation to the court.
✔ Challenge objections from prosecutors or law enforcement.
✔ Increase the likelihood of approval through strategic legal arguments.
A DWI expungement lawyer improves your chances of successfully sealing your record and moving forward with a clean slate.
Contact Gerald Miller for DWI Expungement Assistance in Minnesota
If you’re seeking DWI expungement in Minnesota, we can help. At Gerald Miller, P.A., we’ve helped thousands of clients clear their records and rebuild their lives.
Call us today at 612-341-9080 or visit geraldmillerlawyer.com to schedule a free consultation. We’ll review your case and determine if you qualify for expungement.
Related Articles:
- How To Get a DWI Dismissed in Minnesota in 2025
- What Does Aggravated DWI Mean?
- DWI Defense Based on Challenging Breath Test
- What Are the Different Levels of DWI in Minnesota?
Resources:
- Minnesota Judicial Branch – Expungement Process
- Minnesota Bureau of Criminal Apprehension (BCA)
- Minnesota Department of Public Safety (DPS)
- National Highway Traffic Safety Administration (NHTSA)
FAQs About DWI Expungement in Minnesota
How long do you have to wait to expunge a DWI in Minnesota?
Gross misdemeanor DWIs – 4 years after completing the sentence.
Felony DWIs – Cannot be expunged.
Does expungement completely erase a DWI?
Can I get a DWI expunged if I had a high BAC?
How much does it cost to expunge a DWI in Minnesota?
Some low-income individuals may qualify for fee waivers.
