Minnesota Public Records

How the Minnesota Government Data Practices Act Actually Works

Minnesota's public records law is codified at Minn. Stat. § 13.01 (Minnesota Government Data Practices Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: reasonable time; existing records 'immediately' if possible. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual cost; commercial requesters pay more; first 100 free pages for individual requests. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Minnesota (the honest answer)

Many directory sites promise things Minnesota law specifically restricts. Here's what's actually true:

• Rap sheet access: Bca public name-based search via cha. Third-party "instant background check" sites that promise a full Minnesota criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Minnesota's expungement law (Minn. Stat. § 609A.01) are removed from public criminal history reports.
• Juvenile records are generally confidential under Minnesota law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Minnesota Government Data Practices Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Minnesota and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Minnesota

Minnesota's record-clearing law is found at Minn. Stat. § 609A.01.

Eligibility: non-convictions immediately; misdemeanors after 2-5 years; felonies after 4-5 years for some offenses.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Minnesota record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Minnesota Criminal Record

If you need your own Minnesota criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Minnesota Bureau of Criminal Apprehension (BCA).

Walkthrough:

1. Choose your method: BCA CHA online $15 or full criminal history check $33.
2. Complete the required form (most states use a standard request form available from the Minnesota Bureau of Criminal Apprehension website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: online: immediate; mail: 2-3 weeks.
5. Review the response. If you find errors, the law at Minn. Stat. § 13.87 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Minnesota Record Laws You Should Know

• Clean Slate Act / HF 1071 (2023): Automatic expungement of qualifying records eff. Jan 2025.
• Minn. Stat. § 13.87: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Minnesota.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Minnesota background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.