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| Clearance policy overview | Records relating to a first-time domestic violence case dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § § 769.4a(1), (5). | Records relating to a first-time underage drinking case that is dismissed upon the successful completion of probation become nonpublic. Mich. Comp. Laws § 436.1703(1), (3). | Records regarding a first-time kidnapping-by-parent case that is dismissed after the successful completion of probation becomes nonpublic. Mich. Comp. Laws § 750.350a(4). | Records regarding a first-time case against a health care provider practicing under the influence that is dismissed after the successful completion of probation become nonpublic. Mich. Comp. Laws § 750.430(9). | Records relating to a case dismissed after the successful completion of a drug court treatment program become nonpublic. Mich. Comp. Laws § 600.1076. | Records of biometric data taken at arrest will be immediately destroyed if the person arrested is released without charges. Mich. Comp. Laws § 28.243(7). | Records of biometric data taken at arrest from a person with no prior felony conviction will be destroyed upon a finding of not guilty or nolle prosequi. The records of biometric data can be destroyed upon such finding for a person with a prior conviction. Mich. Comp. Laws § § 28.243(8), (10). | Arrest records, all biometric data, and fingerprints are expunged, or destroyed, or both, when charges are dismissed before trial, unless the judge or prosecutor objects within 60 days. Mich. Comp. Laws § 28.243(8). | Identification data of a person will be destroyed when charges are dismissed before a determination of probable cause, or when no charges are filed and no indictment is returned, if the person has not been convicted of a felony or gross misdemeanor in the past 10 years. Minn. Stat. § 299C.11(b). | Records of the arrest and prosecution can be sealed by the court upon a resolution favorable to the defendant. Minn. Stat. §§ 299C.11(c), 609A.02(3)(a)(1). | Records relating to a delinquency matter can be expunged at any time, if the court determines that the expungement would yield a benefit to the subject of the record that outweighs any detriment to public safety and burden on courts and state agencies. Minn. Stat. § 260B.198(6)(a). | Records of an arrest and prosecution relating to a misdemeanor or petty misdemeanor can be sealed by the court two years after sentence completion. Minn. Stat. § 609A.02(3)(a)(3). | Records of arrest and prosecution relating to a gross misdemeanor can be sealed by the court four years after sentence completion. Minn. Stat. § 609A.02(3)(a)(4). | Records of arrest and prosecution relating to a specified felony offense can be sealed by the court five years after sentence completion. Minn. Stat. § 609A.02(3)(a)(5). | Records of an arrest and prosecution can be sealed by the court one year after the successful completion of a diversion program or stay of adjudication. Minn. Stat. § 609A.02(3)(a)(2). | Records of arrest and prosecution for a first-time drug offense can be sealed by the court upon dismissal for successful completion of deferred prosecution. Minn. Stat. § 609A.02(1). | Juvenile history data on a child who was arrested must be destroyed six months after the arrest if the child was not referred to a diversion program and no petition was filed against the child. Minn. Stat. § 299C.095(2)(b). | Juvenile history data on a child against whom a delinquency petition was filed and subsequently dismissed is destroyed upon dismissal. Minn. Stat. § 299C.095(2)(c). | Juvenile history data on a child who was referred to a diversion program or against whom a delinquency petition was filed and continued for dismissal must be destroyed when the person turns 21. Minn. Stat. § 299C.095(2)(d). | Juvenile history data on a child against whom a delinquency petition was filed and continued without adjudication must be destroyed when the person turns 28. Minn. Ann. § 299C.095(2)(e). |
| Ineligible Category or Citation | This statute applies only to domestic violence offenses specified in section 769.4a. | This provision applies only to underage alcohol offenses specified in section 436.1703(1). | This provision applies only to kidnapping-by-parent offenses specified in Mich. Comp. Laws § 750.350a. | This provision applies only to offenses specified in Mich. Comp. Laws § 750.430 (health care provider practicing under the influence). | See exclusions in Mich. Comp. Laws § 600.1076(4). | There is no statutory language regarding ineligible offenses. | See subsection (14) for offenses ineligible for destruction. Mich. Comp. Laws § § 28.243(14). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See Min. Stat. § 609A.02(4) for ineligible offenses. | See sections 609A.02(3)(c) and (4) for offenses ineligible for expungement. | This section only applies to those felonies listed in 609A.02(3)(a)(5)(b) for offenses ineligible for expungement. See section 609A.02(4) for offenses ineligible for expungement. | See Minn. Stat. § 609A.02(4) for offenses ineligible for expungement. | This statute applies only to controlled substance offenses specified in Minn. Stat. § 609A.02(1). | If, before data are destroyed, the subject of the data is convicted of a felony as an adult, the individual's juvenile history record must be retained for the same time period as an adult criminal history record. Minn. Stat. § 299C.095(2)(a). | If, before data are destroyed, the subject of the data is convicted of a felony as an adult, the individual's juvenile history record must be retained for the same time period as an adult criminal history record. Minn. Stat. § 299C.095(2)(a). | If, before data are destroyed, the subject of the data is convicted of a felony as an adult, the individual's juvenile history record must be retained for the same time period as an adult criminal history record. Minn. Stat. § 299C.095(2)(a) | If the offender commits a felony violation as an adult, the bureau shall retain the data for as long as the data would have been retained if the offender had been an adult at the time of the juvenile offense. Minn. Stat. § 299C.095(2)(e). |
| Clearance Process | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic |
| Waiting Periods | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The record becomes nonpublic upon dismissal of the charge. | The information is immediately destroyed if the person is released without charges. | The record is destroyed upon a finding of not guilty or nolle prosequi. | There is no waiting period. | The record is destroyed upon dismissal of the charges before a determination of probable cause, or when no charges are filed and no indictment is returned. | The record can be sealed upon a resolution favorable to the defendant. | A petition can be filed at any time. | The petition can be filed two years after sentence completion. | The petition can be filed four years after sentence completion. | The petition can be filed five years after sentence completion. | The petition can be filed one year after the successful completion of a diversion program or stay of adjudication. | There is no statutory language regarding a waiting period. | The data should be destroyed six months after the arrest if the child was not referred to a diversion program and no petition was filed against the child. | The data should be destroyed upon notice from the court that the petition was dismissed. | The data should be destroyed when the person turns 21. | The data should be destroyed when the person turns 28. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language on fees. | There is no statutory language regarding fees. | There are no fees. | There is no statutory language regarding fees. | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285 under section 357.021(2)(1), and can be waived if petitioner is indigent. Minn. Stat. § 609A.03(1). | The current filing fee is $285.under section 357.021(2)(1), and can be waived if the petitioner is indigent. Minn. Stat. § 609A.03(1). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 769.4a(7). | The discharge and dismissal is without an adjudication of guilt. The records are nonpublic, but can be disclosed as specified in section 436.1703(3). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.350a(6). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 750.430(9). | The disposition is not a conviction and does not entail the disqualifications or disabilities imposed by law upon conviction. Arrest and court records are nonpublic, but can be disclosed as specified in section 600.1076(10). | The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(7). | The biometric data and arrest card are destroyed. Mich. Comp. Laws § 28.243(10). | The arrest record is removed from the internet criminal history access tool (ICHAT); the arrest record, all biometric data, and fingerprints are expunged or destroyed, or both; any entry concerning the charge is removed from LEIN. Mich. Comp. Laws § 28.243(8). | Fingerprints, photographs, and other identification data are destroyed by the Bureau of Criminal Apprehension or the arresting agency. Minn. Stat. § 299C.11. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | A record expunged prior to January 1, 2015, cannot be opened or exchanged. A record expunged on or after January 1, 2015, is sealed and can only be opened, used, or exchanged between criminal justice agencies as described in section 609A.03(7a)(b). Minn. Stat. §§ 260B.198(6)(c), (d). | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the records' existence or their opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | Disclosure of the existence of a record or its opening is prohibited, except under court order or statutory authority. Minn. Stat. § 609A.01. See section 609A.03 for limitations on the order. | The record is destroyed. Minn. Stat. § 299C.095(2)(b). | The record is destroyed. MInn. Stat. § 299C.095(2)(c). | The record is destroyed. Minn. Stat. § 299C.095(2)(d). | The record is destroyed. Minn. Stat. § 299C.095(2)(e). |
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