Can I Expunge My Record From Another State?

People who move to Minnesota with an old record from another state often ask whether a local attorney can simply seal it here. The answer is no, because of how expungement authority works. This guide explains why Minnesota cannot reach an out-of-state record, where you actually have to file, what to do about federal records, and how to handle your Minnesota record if you have moved away.

Can Minnesota expunge a criminal record from another state?

No. Expungement is a power each jurisdiction holds only over its own records. A Minnesota judge can order Minnesota courts and agencies to seal a Minnesota case, but has no authority over another state’s courts. To clear an out-of-state record, you must pursue relief in that state.
Minnesota’s expungement statute, Minn. Stat. § 609A, limits the remedy to a court order sealing Minnesota records. The Minnesota Judicial Branch says the same thing directly: if you have a record outside Minnesota, you need to look into that state’s laws and talk to an attorney who practices there. For how Minnesota handles its own cases, see our Minnesota expungement law overview.

Why does an out-of-state record still show up in Minnesota?

Because background checks are not limited to Minnesota. Employers, landlords, and licensing boards often pull national criminal history through the FBI’s database, and the Minnesota BCA may hold a record that another state reported. So a conviction from anywhere can surface on a Minnesota application.
That is exactly why clearing the record at its source matters, even after you relocate. A record you assume is “old news” can still cost you a job or apartment. We explain the background-check problem in more detail in why charges still show up on background checks.

How do I expunge a record from another state?

You clear an out-of-state record by following the process in the state where the case happened. In most states you file a petition in the county or court of conviction, you usually do not have to live there, and you must meet that state’s eligibility rules and waiting period.
Keep in mind that states use different terms and very different rules. What Minnesota calls “expungement” may be “sealing,” “set-aside,” “vacatur,” or “nondisclosure” elsewhere, and a few states allow almost no record clearing at all. The table below shows where each type of record gets handled.

Your situation	Who can clear it	Where you pursue it
Conviction or arrest in another state	That state’s court	The county or court where the case occurred, under that state’s law
Minnesota conviction (you moved away)	Minnesota court	The Minnesota district court where you were convicted; residency is not required
Federal conviction	Very limited relief	Federal court; narrow eligibility under 18 U.S.C. § 3607(c), or a presidential pardon
Minnesota arrest, no charge filed	Minnesota agency / BCA	Letter request to the arresting agency or BCA under Minn. Stat. § 299C.11

Can I expunge a federal record?

Rarely. There is no general federal expungement statute. A narrow exception exists for certain first-time simple drug possession under 18 U.S.C. § 3607(c), but most federal convictions cannot be sealed through any routine process.
For most people, the realistic federal options are limited to a presidential pardon, which forgives the offense but does not seal the record. The U.S. Department of Justice’s research arm, the National Institute of Justice, notes how inconsistent record-clearing is across jurisdictions, which is why federal and multi-state records often need separate, jurisdiction-specific handling.

What about my Minnesota record if I move out of state?

You can still clear it here. Moving away does not strip a Minnesota court of authority over your Minnesota case. You file your petition in the district court where you were convicted, and you do not need to be a Minnesota resident to do it.
If you have completed your sentence and met the waiting period, your Minnesota case may already qualify under the Clean Slate Act or through a petition. Our expungement attorneys handle the Minnesota side from start to finish, and our guide on the Minnesota expungement waiting period explains the timing.

Does a pardon clear an out-of-state record?

Not on its own. A pardon is forgiveness, not sealing. A governor’s pardon for a state offense, or a presidential pardon for a federal one, can restore certain rights, but the underlying record usually remains visible unless it is also sealed or expunged.
Some states let you petition for expungement after receiving a pardon, while others do not. Because a pardon and an expungement do different things, it helps to understand the distinction, which we cover in expungement versus sealing.

The bottom line

Geography decides who can clear your record. Minnesota can seal only what happened in Minnesota, so an out-of-state or federal record has to be cleared where it was created, under that jurisdiction’s rules. If you are juggling records in more than one state, start by mapping which court holds each one, then clear the Minnesota side here and pursue the rest at the source. Related reading: how long a felony stays on your record, how long drug charges stay on your record, and which felonies cannot be expunged.

FAQs

Can a Minnesota lawyer expunge my out-of-state conviction?

Not directly. A Minnesota court has no authority over another state’s records. You generally need an attorney licensed in the state where the conviction occurred, who can file under that state’s expungement or sealing law.

Will an out-of-state record show up on a Minnesota background check?

It can. Background checks often pull national and FBI databases, and the Minnesota BCA may hold a reported record. An out-of-state conviction can surface on Minnesota job, housing, and licensing checks until you clear it in the originating state.

Can I expunge a federal conviction?

Only in limited situations. There is no general federal expungement law. A narrow exception applies to certain first-time simple drug possession under 18 U.S.C. § 3607(c). For most federal convictions, a presidential pardon is the main option, and it forgives rather than seals.

Do I have to live in the state where I was convicted to expunge it there?

Usually not. Most states let you petition in the court of conviction regardless of where you now live. You will still have to meet that state’s eligibility rules, waiting period, and filing requirements.

Can Minnesota expunge my record if I moved away?

Yes. You can petition the Minnesota district court where you were convicted even if you live elsewhere now. Residency is not required, and your case may qualify automatically under the Clean Slate Act or by petition.