A domestic assault conviction does not automatically disqualify someone from getting their record sealed in Minnesota. What it does mean is that the automatic Clean Slate process is not available; you have to petition. At Keyser Law P.A., our Minneapolis criminal defense attorney has helped clients seal domestic assault records throughout Hennepin County and across the state.
Why the Clean Slate Act Does Not Cover Domestic Assault
When Minnesota expanded its automatic expungement law in 2023, many people with old convictions assumed their records would be sealed without taking any further action. Domestic assault is not included in that expansion. The state’s automatic expungement statute names domestic assault among the offenses excluded from automatic sealing at both the misdemeanor and gross misdemeanor levels. Violations of orders for protection and domestic abuse no-contact orders are also excluded.
That means if your record includes a domestic assault conviction, it will not seal itself. You need to file a petition, serve notice to the agencies, appear at a court hearing, and wait for the order to take effect. The distinction matters because many background check services pull from court and state records in real time.
Both the eligibility requirements and the balancing factors the court must weigh appear in the state’s petition expungement statute, which covers conviction-based petitions at every level.
Petition Eligibility by Conviction Level
For a domestic assault misdemeanor conviction, Minnesota law requires two years without any new convictions after sentence discharge before you can petition. Gross misdemeanor convictions require three years. Those clocks run from sentence discharge, not from the date of the conviction itself.
Felony domestic assault convictions are generally not eligible for expungement through the standard petition process. The list of expungeable felonies under state law is specific, and felony domestic assault does not appear on it.
A domestic assault record at the misdemeanor or gross misdemeanor level is potentially sealable through the Minnesota criminal record sealing petition process, provided the waiting periods are met. Whether your record includes a qualified prior domestic offense under Minnesota law also affects how any future charge would be prosecuted, which is a separate but related reason to pursue sealing when you are eligible.
What the Court Weighs Before Granting Your Petition
Filing a petition starts a process that takes at least four to six months. After filing, notice must be served to the relevant agencies, who have 60 days to object. A court hearing follows, and the judge has up to 90 days to issue a decision.
The hearing is not a formality. Four factors determine the outcome:
- The nature and severity of the offense
- Your steps toward rehabilitation since the conviction
- Any input from the victim
- Whether granting the petition poses a risk to public safety
Minnesota courts publish their framework for evaluating these factors in the judicial branch’s expungement overview. An experienced Minneapolis expungement lawyer can significantly strengthen your petition at this stage.
A Critical Exception for Healthcare and Childcare Workers
Most people assume a successful expungement means the record disappears from all government systems. For healthcare workers, childcare providers, and anyone seeking foster care eligibility, that assumption is wrong.
A standard Minnesota expungement order does not cover records held by the Department of Human Services, the Department of Children, Youth and Families, or the Department of Health. These agencies operate separate background check systems, and a court order does not automatically direct them to seal their records.
If your employment or licensing depends on a clean DHS background check, you need to specifically request that these agencies be included in your expungement order. This step must be addressed when the petition is filed, not after the order is issued. Many petitioners and some attorneys miss it entirely.
Get Your Expungement Case Reviewed by a Minneapolis Defense Attorney
Keyser Law P.A. has sealed records in 97% of expungement cases we have taken on statewide. Before founding this firm, Christopher Keyser worked at the U.S. Department of Justice, which means he has sat on the other side of the table when prosecutors decide whether to challenge a petition. That perspective is something most expungement attorneys lack.
Our criminal defense attorney is also board-certified in criminal law by the Minnesota State Bar Association, a credential held by fewer than 3% of criminal defense attorneys in Minnesota. You may have more expungement options than you think. Contact us online to schedule a consultation.
