Minnesota Arrest Records

Minnesota arrest records are official documents created by law enforcement agencies during an arrest. Law Enforcement agencies, such as the Minnesota Bureau of Criminal Apprehension (BCA), police, city attorneys, county attorneys, and county sheriffs, create and maintain these records in accordance with applicable state and federal public record laws.

Arrest records typically feature identifying information about an arrested person and details about an arrest. Persons who obtain arrest records can expect to see:

• The subject’s full name (and any aliases and street names)
• Date of birth
• Sex
• Race
• County of residence
• Physical description (e.g., eye and hair color)
• Occupation
• Custody status
• Details on outstanding warrants
• Charges summary
• Bail amount
• Next court hearing
• Current detention facility.

Arrest records serve various purposes. They ensure that citizens are held responsible and accountable for their actions; they show a record of a person's contact with law enforcement and can help identify crime trends and track behavioral patterns.

Are Arrest Records Public in Minnesota?

Yes. Arrest records are public in Minnesota per the Minnesota Government Data Practices Act (MGDPA). Government institutions in Minnesota are obligated by state law to create, maintain, and make public, records related to their official functions. This includes all records maintained by law enforcement agencies about arrests.

Aside from the MGDPA, other state statutory provisions regulate the creation, management, and other practices related to Minnesota government records. They are the Official Records Act (Minnesota Statutes Section 14.17) and the Records Management Statute (Minnesota Statutes Section 138.17).

While arrest records are generally public, certain records are withheld from public disclosure if they are sealed, expunged, or deemed to contain confidential or classified information. Additionally, arrest records are non-public if disclosure could:

1. Endanger the life or safety of a person
2. Interfere with the outcome of an ongoing investigation or court proceeding
3. Provide identifying information about juveniles
4. Constitute unnecessary violation of a person's privacy rights.

Regardless, non-public arrest records remain accessible to law enforcement agencies, parties involved in the arrest, and the agency that carried out the arrest. Furthermore, they can be obtained by other parties authorized by court order.

How Do I Look Up Arrest Records in Minnesota?

Depending on the agency responsible for a specific arrest, records pertaining to the arrest may be obtained through various methods, including mail, online, and in person. The Minnesota Bureau of Criminal Apprehension provides a searchable database for statewide information about arrests.

To look up arrest records on a person, a requestor may visit the law enforcement agency that made the arrest. Generally, arrest records are obtainable at the County Sheriff’s Office. These records can also be inspected online on the agency’s website. For example, the Jackson County Sheriff’s Office provides online access to its jail roster.

To obtain an arrest record via mail, requesters are typically required to submit a written request to the record custodian. The letter must contain enough information to facilitate the search, including the subject’s full name, the date, and the location of the arrest.

Alternatively, interested persons may conduct a nationwide arrest records search by submitting a written request to the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and paying a nominal fee of $18. Note that only a subject to a record may obtain arrest records via this means.

Free Arrest Record Search in Minnesota

Free arrest record searches can be performed by visiting relevant agencies in person during their operating hours, but charges apply for duplicating copies of records. Note that not all agencies allow free record searches at their offices. Also, many record custodians only permit in-person record searches based on pre-approved appointments. Records on select government agency websites as well as third-party websites are also obtainable for free. To find arrest records online, a searcher is typically required to provide specific information, such as the first or last name and booking ID related to the arrest record of interest.

How Long Do Arrests Stay on Your Record in Minnesota?

There is no standard period for the existence of arrest records in Minnesota. Arrest records are public information and remain publicly obtainable indefinitely. However, a person may have their arrest records cleared or withheld from the general public by submitting a formal written application for expungement or sealing.

Arrests that did not lead to a conviction or where the charges were dropped may be expunged after five years. The existence of arrests in a person’s record depends on other factors such as internal agency policies, statutory requirements, and record types. Note that the existence of arrest records does not imply guilt because arrests do not always lead to conviction.

How to Seal Arrest Record in Minnesota

In Minnesota, sealing a record locks it from public access. Sealed records are only available to law enforcement agencies such as the FBI and immigration officials. Although these records may not be found through regular checks, certain employers, such as the Minnesota Department of Education (MDE), may obtain them if the subject will be handling sensitive information or working with vulnerable people.

The entire records sealing process usually involves obtaining and filling out court forms, submitting them to agencies in charge of the case, filing relevant paperwork with the court, and in most cases, a court hearing. The entire process usually takes between four to six months. Furthermore, to seal a record in Minnesota, concerned persons must meet stipulated eligibility requirements.

1. They must not have any pending criminal charges against them
2. They must not have any arrest incident in ten years following the arrest
3. The case against them was dismissed or the charges dropped
4. They must not have any outstanding warrants
5. They must not be involved in any civil violation.

Persons who meet the applicable requirements may apply to seal the record by submitting a written appeal to the law enforcement agency that made the arrest or a court with appropriate jurisdiction. Due to the involved complexities in handling this kind of application, it is advised that an applicant seek the guidance of a competent attorney.