Can You Expunge a DWI in Minnesota? 2026 Clean Slate & SF 2909 Guide

If you searched for “new 2026 DWI expungement rules” or “SF 2909 DWI,” you have probably seen conflicting information online. This guide separates what actually changed from what did not, using Minnesota’s expungement statutes and the text of SF 2909 itself. Every legal figure below is tied to a primary source, listed at the end.

Can you expunge a DWI in Minnesota?

Yes, in some cases. A misdemeanor or gross misdemeanor DWI conviction may be expunged through a petition under Minn. Stat. § 609A.02 once the required waiting period has passed and a judge agrees. Felony (first-degree) DWI is far more limited and generally does not qualify for statutory expungement.

Expungement is not automatic for DWI, and it is not guaranteed. Minnesota judges weigh a statutory balancing test, asking whether the benefit to you outweighs the public’s interest in keeping the record accessible, and they are often cautious with impaired-driving cases.

It also helps to know exactly what level your offense is, because that controls eligibility. A fourth-degree DWI is a misdemeanor, third and second degree are gross misdemeanors, and first-degree DWI is a felony.

Does the Clean Slate Act (SF 2909) automatically expunge a DWI?

No. Minnesota’s Clean Slate Act automatically seals many records, but DWIs are specifically excluded from automatic expungement. Other excluded categories include traffic and parking offenses and domestic-violence-related offenses, so a DWI conviction will not clear itself, no matter how much time passes.

This is the single most common misconception we see. The Clean Slate Act (Minn. Stat. § 609A.015) directs the Bureau of Criminal Apprehension to identify and seal qualifying records automatically, but DWI is not a qualifying offense. For a DWI, you must still file a petition.

If your case ended in a dismissal or acquittal rather than a conviction, your odds improve, since non-conviction records are treated more favorably under both the automatic and petition systems.

What did SF 2909 actually change?

SF 2909 was the 2023 Omnibus Judiciary and Public Safety law, signed on May 17, 2023. It created Minnesota’s automatic expungement system (the Clean Slate Act) under Minn. Stat. § 609A.015, which took effect January 1, 2025, with automatic sealing of eligible records beginning in mid-2025.

SF 2909 automated relief for records that were already eligible for petition-based expungement, mostly non-conviction records, many misdemeanors, and certain non-violent felonies. It did not create a new expungement path for DWI, and it did not change the core limitation that expungement does not reach your driving record.

SF 2909 also reformed Minnesota’s clemency process, including the pardon rules under Minn. Stat. § 638.12. A pardon is a separate remedy from expungement and follows its own process.

How long do you have to wait to expunge a DWI in Minnesota?

For petition-based expungement under Minn. Stat. § 609A.02, the waiting period runs from the discharge of your sentence and depends on the offense level. You must also stay free of new offenses during that window.

DWI level	Offense class	Typical waiting period (after discharge)
Fourth-degree DWI	Misdemeanor	2 years
Third- and second-degree DWI	Gross misdemeanor	4 years
First-degree DWI	Felony	Generally not eligible for statutory expungement

Waiting periods are set by Minn. Stat. § 609A.02 and run from discharge of the sentence. Eligibility also depends on your overall record and the judge’s balancing analysis.

Does expunging a DWI remove it from your driving record?

No. This is the limitation that surprises people most. Expungement seals your criminal court record from public background checks, but it does not remove the DWI from the driving record maintained by the Department of Public Safety. Those are two separate records.

Because the DWI stays on your driving record, it can still be counted under Minnesota’s 20-year administrative lookback for license revocation, ignition interlock, and charge enhancement. In short, an expunged DWI can still come back to haunt a future case.

What expungement does	What expungement does NOT do
Seals the criminal court record from public view	Remove the DWI from your DPS driving record
Hides the conviction from most employer and landlord background checks	Stop the DWI counting under the 20-year lookback
Helps with jobs, housing, and licensing applications	Erase a DWI-related license revocation
Can be granted for misdemeanor / gross misdemeanor DWI by petition	Block law enforcement or certain background checks from accessing the record

If your concern is specifically your license history rather than your criminal record, our guide on expunging a Minnesota driving record explains how that separate process works.

Can a felony DWI or a DWI license revocation be expunged?

Generally no. First-degree (felony) DWI is not among the offenses Minnesota allows to be sealed through statutory expungement, and DWI-related license revocations cannot be expunged at all. The revocation is an administrative action on your driving record, separate from the criminal case.

That distinction matters for repeat-offense exposure. Even after a successful criminal expungement, a prior revocation can still be used to enhance a future DWI. If you are unsure which felonies can and cannot be cleared, see our overview of felonies that cannot be expunged.

How do you petition to expunge a DWI in Minnesota?

You file a petition for expungement in the county where the case occurred under Minn. Stat. §§ 609A.02 and 609A.03, serve the required agencies, pay the filing fee (recently raised to $322), and usually attend a hearing. A judge then applies the statutory balancing test before deciding.

Because DWI petitions face a higher bar, preparation matters. Courts want to see rehabilitation, a clean record since the offense, and a concrete reason the expungement is needed, such as employment or housing. A well-documented petition is far more likely to succeed.

This is where working with a Minnesota expungement attorney pays off. For broader background on the process, our guide to Minnesota expungement laws walks through eligibility, timelines, and what to expect.

Should you expunge an old DWI or fight a new one?

If you are facing a current DWI charge, the most powerful move is to keep the conviction off your record in the first place, because a charge that is dismissed or reduced may never need expungement and may avoid the driving-record consequences entirely.

Minnesota DWI cases often have defenses that are not obvious, including challenges to the stop, the testing, and the implied-consent process. Our overview of how to beat a DWI in Minnesota explains the common angles.

For older convictions, expungement remains a valuable tool to clear your public record. The right strategy depends on your offense level, your history, and your goals, which is why a case-specific review with a DWI defense attorney is the best starting point.

FAQS

Does SF 2909 let me expunge a DWI automatically in 2026?

No. SF 2909 is the 2023 law that created automatic Clean Slate expungement (effective January 1, 2025), but DWIs are excluded from automatic expungement. A DWI can only be cleared by petition under Minn. Stat. § 609A.02.

How long after a DWI can I file for expungement in Minnesota?

For petition-based expungement, the waiting period generally runs from the discharge of your sentence: about 2 years for a misdemeanor DWI and 4 years for a gross misdemeanor DWI. First-degree (felony) DWI generally does not qualify.

Will expungement remove a DWI from my driving record?

No. Expungement seals the criminal court record only. The DWI remains on your Department of Public Safety driving record and can still count under the 20-year lookback for license and enhancement purposes.

Can a DWI license revocation be expunged?

No. DWI-related license revocations cannot be expunged. The revocation is an administrative action on your driving record, separate from the criminal conviction.

How much does it cost to file a DWI expungement petition?

Minnesota recently raised the expungement petition filing fee to $322, though a fee waiver may be available based on income. Additional costs can apply depending on your case.