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Can Adjudication Criminal Vehicular Operation Be Expunged?

Getting an adjudication for criminal vehicular operation can severely impact your future. Many Minnesotans want to know: Can adjudication for criminal vehicular operation be expunged?
Yes, adjudication for criminal vehicular operation can be expunged in Minnesota, but eligibility depends on how the case was resolved and the time that has passed since disposition.

As experienced Minneapolis defense attorneys at Gerald Miller, P.A., we’ve helped countless clients understand their expungement rights and secure a second chance.

 

Can Adjudication Criminal Vehicular Operation Be Expunged?

 

What Is Adjudication for Criminal Vehicular Operation?

Adjudication refers to a formal judgment or decision by a court. When someone is adjudicated guilty of criminal vehicular operation (CVO) in Minnesota, it typically means they’ve been convicted or received a stayed sentence involving serious driving misconduct—such as causing injury or death while under the influence or driving recklessly.

Criminal vehicular operation is a felony under Minnesota Statute §169A.20 to §6109.211, and includes:

  • Causing bodily harm while driving under the influence
  • Fleeing the scene of an accident that caused injury or death
  • Driving in a grossly negligent manner

Key terms:

  • Conviction: A court’s formal finding of guilt
  • Stay of adjudication: The court withholds conviction if the defendant meets certain conditions
  • Expungement: A court-ordered sealing of criminal records from public view

 

Why Expungement Matters to Minnesota Drivers

Having a criminal vehicular operation conviction on your record can:

  • Limit employment opportunities
  • Restrict housing options
  • Impact professional licenses
  • Damage your reputation

If you’ve turned your life around, expungement offers a path to clear your record and regain access to opportunities that would otherwise be closed.

Common scenarios where Minnesotans seek expungement include:

  • DUI-related vehicular operation convictions
  • Deferred adjudications successfully completed
  • Cases where charges were dismissed after compliance

 

Long-Term Impact of Criminal Vehicular Operation on Your Record

A criminal vehicular operation adjudication—especially if it results in a felony conviction—can have lifelong consequences even after probation or prison time is served. Understanding these impacts underscores why expungement is critical.

Key long-term effects include:

  • Ineligibility for federal student loans in some cases
  • Loss of firearm rights for felony-level offenses
  • Higher auto insurance rates or denied coverage
  • Travel restrictions to countries with strict entry rules (e.g., Canada)

Even if your record is sealed through expungement, certain licensing boards and government agencies may still see the charge during background checks. This is why it’s important to pair expungement with legal guidance to mitigate disclosure issues during employment or licensing applications.

Pro tip: Employers in Minnesota cannot ask about expunged records under the “ban-the-box” law, but federal employers and licensed healthcare or education agencies might still access sealed information.

 

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How to Expunge a Criminal Vehicular Operation Adjudication in Minnesota

1. Determine Eligibility

Check if your case qualifies under Minnesota Statute §617.522. Generally, you may be eligible if:

  • The case was resolved without a conviction
  • You completed probation and paid restitution
  • The required waiting period has passed (ranging from 1–5 years)

2. Obtain Your Criminal Record

Request your BCA (Bureau of Criminal Apprehension) report and court documents to confirm details of the adjudication.

3. Prepare and File a Petition

Complete the Expungement Petition Form and file it with the appropriate Minnesota district court. Include:

  • Court file number
  • Dates of arrest and adjudication
  • Details on your rehabilitation

4. Serve Required Parties

Serve your petition to:

  • Prosecuting attorney
  • Law enforcement agencies
  • Minnesota BCA and other relevant agencies

5. Attend the Expungement Hearing

Present your case before a judge, showing why expungement is justified. Highlight your rehabilitation, current employment, and community involvement.

6. Receive the Court’s Decision

If granted, it may take up to 60 days before the record is officially sealed.

 

Expungement Options and Alternatives in Minnesota

Minnesota law provides multiple paths based on how your case was resolved:

  • Full expungement (court and executive agencies)
  • Partial expungement (judicial records only)

Pros of Expungement:

  • Seals record from public view
  • Restores job and housing opportunities

Cons:

  • Does not erase record from FBI databases
  • Government agencies may still access it

Alternatives:

  • Pardon extraordinary (rare and requires governor’s approval)
  • Judicial recommendation for early expungement

 

Minnesota-Specific Laws and Considerations

Under Minnesota Statutes §617.522, expungement is allowed in specific cases:

  • Misdemeanors and some gross misdemeanors after 2–4 years
  • Felonies eligible only if specifically listed (CVO may not be listed, but if stayed or dismissed, may still qualify)
  • Juvenile adjudications have more lenient rules

Important considerations:

  • CVO causing death is rarely eligible
  • Stay of imposition or stay of adjudication may allow earlier expungement

Consult a lawyer to evaluate if your specific case qualifies.

 

Expunging adjudication criminal vehicular operation

 

Expungement Options and Alternatives in Minnesota

Minnesota law provides multiple paths based on how your case was resolved:

Option Description Pros Cons
Full Expungement Seals both court and executive agency records Most comprehensive More difficult to obtain
Partial Expungement Seals only judicial records Easier to qualify for Agencies may still see record
Pardon Extraordinary Granted by Board of Pardons and Governor Erases conviction completely Rare and lengthy process
Judicial Recommendation Court supports early expungement eligibility May support later petition Doesn’t seal record by itself

Pros of Expungement:

  • Seals record from public view
  • Restores job and housing opportunities

Cons:

  • Does not erase record from FBI databases
  • Government agencies may still access it

 

Long-Term Impact of Criminal Vehicular Operation on Your Record

A criminal vehicular operation adjudication—especially if it results in a felony conviction—can have lifelong consequences even after probation or prison time is served. Understanding these impacts underscores why expungement is critical.

Key long-term effects include:

  • Ineligibility for federal student loans in some cases
  • Loss of firearm rights for felony-level offenses
  • Higher auto insurance rates or denied coverage
  • Travel restrictions to countries with strict entry rules (e.g., Canada)

Even if your record is sealed through expungement, certain licensing boards and government agencies may still see the charge during background checks. This is why it’s important to pair expungement with legal guidance to mitigate disclosure issues during employment or licensing applications.

Pro tip: Employers in Minnesota cannot ask about expunged records under the “ban-the-box” law, but federal employers and licensed healthcare or education agencies might still access sealed information.

 

Take the First Step Toward Clearing Your Record

If a criminal vehicular operation charge is affecting your future, you don’t have to face it alone. At Gerald Miller, P.A., we’ve helped thousands of Minnesotans move forward through successful expungements.

Schedule your free consultation today to discuss your case and explore your options. Don’t let your past limit your future—call us now at 612-341-9080.

 

Further Reading:

Resources

 

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FAQs About Criminal Vehicular Operation Expungement

Can I expunge a felony vehicular operation conviction in Minnesota?

Only if the offense is listed in the statute and all conditions are met. A stay of adjudication or dismissal improves your chances.

How long do I have to wait to file for expungement?

Between 1–5 years, depending on whether your case involved a stay, dismissal, or conviction.

Will expungement erase my record completely?

No. Expungement seals your record from public view, but government and law enforcement can still access it.

Is a stay of adjudication better for expungement eligibility?

Yes. If you avoid conviction through a stay and complete all conditions, you're more likely to qualify.

Do I need a lawyer to file for expungement?

It's highly recommended. An experienced attorney can improve your chances of success and help you avoid technical mistakes.

Can juvenile adjudications be expunged?

Yes. Juvenile records are often eligible for expungement sooner and with fewer restrictions.

About the author

William Bailey

Bill brings his strategic mind and calm demeanor to criminal defense. From DWIs to murder charges, he’s tackled it all across Minnesota, leaving a trail of satisfied clients and courtroom victories. He won’t sugarcoat the process, but with his empathy and expertise, he’ll guide you through it, ensuring you understand every step and feel supported every way. When he’s not in the courtroom, catch him at the lake or cheering on his favorite teams.

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