Hennepin County Attorney’s Office expands prosecutor-led expungement to youth

The Hennepin County Attorney’s Office is now accepting applications for the expungement of records of certain types of offenses committed by people under the age of 18. Such individuals can apply, without cost, through the Help Seal My Record portal. If the HCAO determines that an application meets the criteria for expungement, we will file an agreement to expunge the record(s) with the court. In the vast majority of cases, no further action is needed from the applicant.

This process, where our office makes the expungement request on behalf of an applicant, is known as “prosecutor-led expungement.” Starting in November 2024, the office expanded its successful prosecutor-led expungement efforts beyond adult felonies to include youth cases. Roughly 20 motions are being filed per month for youth records as part of the office’s partnership with the juvenile court.

Criminal records can negatively impact the ability of an individual to find housing, obtain employment, pursue education opportunities, and serve their community.

“After a community member has been held accountable for their actions, it’s in all of our interest to remove unnecessary obstacles that prevent them from contributing to society,” Hennepin County Attorney Mary Moriarty said. “Prosecutor-led expungement is an important tool that removes barriers to jobs, housing, and advancement in life that makes our communities stronger and safer.”

More than 800 people seeking expungement of youth cases have applied using the online portal, and the office has reviewed nearly 250 of these cases to date. Youth cases that qualify for prosecutor-led expungement include misdemeanor and gross misdemeanor level delinquency offenses, and certain lower-level felony offenses. Common felony-level offenses eligible under this process include but are not limited to property cases, fourth-and fifth-degree drug cases, forgery, and financial transaction card fraud. Criminal sexual conduct, domestic violence, and gun cases, including BB gun and replica gun cases, are not eligible for prosecutor-led expungement.

Individuals with eligible offenses must also have satisfied the applicable “waiting period” for their case—which means they must have remained crime free for a certain amount of time. The exact amount of time will depend on how the case was resolved.

The waiting periods for prosecutor-led expungement eligibility juvenile cases are as follows:

For cases dismissed/acquitted = no waiting period
For cases resolved with diversion, or Stays of Adjudication, or that were Continued Without Prosecution = 1 year with no adjudication or conviction
For Misdemeanor cases = 1 year with no adjudication or conviction
For Gross Misdemeanor cases = 2 years with no adjudication or conviction
For eligible Felony cases = 3 years with no adjudication or conviction

In certain cases that are not eligible for prosecutor-led expungement, the office may file a Letter of Agreement, informing the court that it does not object to the expungement request.

“Minnesota’s Clean Slate Act is now law, and it’s time to look ahead toward other innovative ways we can harness the power of redemption toward growth and success, particularly among young people in Minnesota,” said Rep. Jamie Long (DFL – Minneapolis), House DFL Floor Leader and author of the Clean Slate Act. “Systemic barriers and shadows of past mistakes prevent individuals with juvenile records from reaching their full potential – an outcome that benefits no one. The prosecutor-led expungement initiative is a step toward justice that will empower youth to thrive by completing their education, getting a job, and finding stable housing. This is a thoughtful proposal that balances the safety of our communities while recognizing the transformative opportunities that come with a second chance.”

What are the results?

At 16 years old, a youth was charged with two separate counts of Felony 5^th Degree Drug Possession. This was his only delinquency offense, and now, as a 27-year-old, he has had no adult offenses. He filed a petition to have these matters expunged. The office filed an agreement to expunge on his behalf, the court granted the motion within a matter of days, and his case is now expunged.

Between the ages of 14 and 15 years old, a youth struggled with delinquent behavior and picked up multiple property-related offenses. He applied for expungement of 5 delinquency cases through the HCAO online portal, indicating that his delinquency record was preventing him from obtaining employment. The office will be requesting expungement on his behalf for most of his cases.
A youth petitioned the court directly for expungement because her record was preventing her from obtaining housing and employment. In responding to the petition, the office noticed that while the case she listed was not eligible for prosecutor-led expungement, another matter on her record was. The office filed a “Letter of Agreement” with the court, supporting her petition for case she had filed on and filed for expungement in the case she hadn’t listed in her petition. In the end, the court issued an expungement order agreeing to seal records of both matters.

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