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Traffic/Criminal Expungement (sealing) Procedure
(This information is provided as information only and does not represent itself as complete or authoritative. A criminal expungement is a complex legal matter and you are advised to retain the services of an attorney to insure proper handling of your expungement.)
Click here for additional information on Criminal Expungements.
- You may ontain a petition online at www.mncourts.gov (click on (1) "Self Help Center" in right hand corner, (2) "Videos and Tutorials" on left hand side, (3) "What is Criminal Expungement" and (4) "Step by Step Guide to Criminal Expungement") or go to the court location where your case was heard. In Dakota County, this would be one of three locations:
Western Service Center
14955 Galaxie Avenue
Apple Valley, MN 55124
1560 Highway 55
Hastings, MN 55033
Northern Service Center
1 Mendota Road West Suite 140
West St. Paul, MN 55118
- Request the "Petitioner's Affidavit for Expungement" and instructions for expungement. These materials are available from the court locations listed above. You will also need to request a proper order (usually a proposed expungement order). Court staff will determine the proper order for your case. This determination is based upon the sentencing information identified in your file.
- Serve the proper parties. The petition and proposed order should be served by mail on ALL state and local agencies and their attorney's whose records would be affected by the proposed order (Minnesota Statutes 609A.03 Subd. 3). The following list includes some of the agencies you would likely need to serve--but there may be others:
- Dakota County Attorney, Government Center, 1560 Highway 55, Hastings, MN 55033
- The Bureau of Criminal Apprehension, 1430 Maryland Avenue East., St. Paul, MN 55106
- The city attorney of the city where the crime was committed. (To learn the address of the city attorney, call the city hall or the Dakota County Law Library at 651-438-8080.)
- The police department of the city where the crime occurred. (Again, to get this address, call the city hall or the Dakota county Law Library.)
- The attorney for the police department where the crime occurred.
- The Dakota County Sheriff, Law Enforcement Center, 1580 Highway 55, Hastings, MN 55033
- The attorney for the Dakota County Sheriff, 1580 Highway 55, Hastings, MN 55033 (Ask for the Sheriff's Office.)
- The Attorney General's Office, Records Division, 525 Park St., Suite 200, St. Paul, MN, 55103
- Dakota County Community Corrections, 1560 Highway 55, Hastings, MN 55033
After the petition and proposed order are served on the necessary party(ies), you may file your case with the court. To complete your filing with the court, you need to provide the proposed order and your petition. After you submit your file, the proposed order will be completed by the judge if your expungement is granted.
- Note: proof of service documents will be required by the court to proceed with the filing. You must pay the appropriate civil filing fee. If you cannot afford the cost, you may apply for Informa Pauperis status with the court. The In Forma Pauperis order must be signed by a Dakota County District Court judge before filing.
- In Dakota County, no motions are needed since the petition provides the information required by the judge.
NOTE: A petition is NOT required if the individual has not been convicted of a felony or gross misdemeanor within the ten years immediately preceding the determination of all pending criminal actions in his/her favor, AND either of the following occurred:
- All charges were dismissed prior to a determination of probable cause; or
- The prosecuting authority declined to file any charges and a grand jury did not return and indictment.
When these conditions are met, the individual should contact the appropriate arresting agency and follow procedures outlined by Minnesota Statute 299C.11.