Search Minnesota Arrest Records Online

What is Considered an Arrest in Minnesota?
Are Arrest Records Public in Minnesota?
What are the Types of Arrest Records in Minnesota?
How Long Do Arrests Stay on the Record in Minnesota?
How To Seal or Expunge an Arrest Record in Minnesota?

What is Considered an Arrest in Minnesota?

An arrest in Minnesota, as defined by state law, is generally the act of taking a person into custody to be held accountable for a public offense either by physically restraining them or through their voluntary submission to law enforcement. Arrests in Minnesota may result from various actions, including:

Committing a criminal offense, such as assault, theft, burglary, or drug-related crimes
Engaging in public disturbances or disorderly conduct
Violating a court order, including restraining orders or protective orders
Driving under the influence, reckless driving, and other similar traffic violations, particularly ones that result in injuries or significant property damage

Arrests in Minnesota are governed by Minnesota Statutes Chapter 629. This law outlines the procedures and circumstances under which a person may be arrested and also covers topics such as when an arrest may be made without a warrant, the use of force during an arrest, and the arrested person's rights. The following key legal principles govern the process of carrying out an arrest in Minnesota (as outlined by state law and relevant statutes, such as the Fourth Amendment of the U.S. Constitution):

Custody and Control: when a person is arrested, they are placed under the custody and control of law enforcement, limiting their freedom to leave. This is an essential aspect of arrests in Minnesota.
Legal Authority: Minnesota Statutes Section 629.30 gives duly sworn law enforcement officers in Minnesota the legal authority to make arrests in the state, with or without a warrant. However, these warrantless arrests may only be made under specific circumstances, such as if the officer witnesses a crime happening or if the person being arrested has committed a felony, violated a restraining order, or committed non-felony domestic abuse within the last 72 hours. Private citizens are also legally authorized to make arrests if they witness a crime happening or have reasonable cause for believing that a person has committed a crime. Note that any private citizen looking to make an arrest must first inform the intended arrestee why they plan to do so and ask them to cooperate; they must also take the arrestee before a judge or law enforcement officer as soon as possible.
Miranda Rights: once a person is arrested, they must be read their Miranda rights before being questioned. These rights are a set of warnings informing them (the arrestee) that:
- They have the right to remain silent
- Any statement they make may be used as evidence against them
- They have the right to have an attorney of their choosing present when being questioned
- An attorney will be appointed for them before any questioning (if they so desire) if they cannot afford one of their own
Use of Force, Restraint, and Transport: law enforcement officers are generally authorized under Minnesota Statutes Sections 629.32 and 629.33 to reasonably restrain a person being arrested, using force if necessary. Once restrained, the person must be transported to an authorized detention facility (usually a police station) for booking.
Booking Process: once a person is arrested and transported to a police station (or other authorized detention facility), they go through the booking process. This typically involves documenting the person's details, the nature of the incident that led to the arrest, the name of the arresting officer, and other pertinent information; the person is also fingerprinted and photographed. Per state law, law enforcement agencies must also report gross misdemeanor and felony arrests (and send a copy of the arrestee's fingerprints) to the Minnesota Bureau of Criminal Apprehension (BCA) for recording.

It is necessary to note that, even though both terms are sometimes used interchangeably and often feel like the same thing, being arrested and detained are different situations. An arrest involves taking a person into custody to formally charge them with a crime (there must be probable cause for this action to occur). Detentions, however, are situations where a person is being temporarily held for questioning or as part of an investigation without being formally charged with a crime. While probable cause is not required for detention, the law enforcement officer must have reasonable suspicion that a crime has or is about to happen; the person also doesn't have to answer any questions. Note that detentions may sometimes escalate into an arrest.

What is Unlawful Arrest in Minnesota?

An unlawful arrest in Minnesota refers to situations where a person is arrested or detained without legal authority or in non-compliance with the legal procedures and protections established under state and federal laws. Several factors may render an arrest unlawful in Minnesota, including:

Lack of Probable Cause: for an arrest to be lawful in Minnesota, officers must have probable cause - reliable information that leads them to reasonably believe the person has committed or is committing a crime. Arrests without this critical element are deemed unlawful.
Arrest Without a Warrant: while a valid warrant is usually required for arrests, Minnesota Statutes Section 629.34 outlines certain conditions where law enforcement officers may arrest without a warrant, such as when they witness a crime or have probable cause to believe a felony or gross misdemeanor has been committed. Warrantless arrests made outside the conditions outlined in this law may be deemed unlawful.
Violation of Constitutional Rights: any arrest that violates a person's constitutional rights is generally considered an unlawful arrest. Common examples include arrests violating a person's Fourth Amendment right against unreasonable searches and seizures and those that violate their Fourteenth Amendment right to equal protection under the law. Arrests based on racial profiling, discrimination, or the use of excessive force also infringe on these rights and may be challenged as unlawful.
Mistaken Identity: arrests made due to errors in identifying the correct person are considered unlawful in Minnesota. Law enforcement officers are generally expected to use reasonable methods of identifying suspects, and failure to do so could result in an unlawful arrest.
Procedural Violations: failure to follow standard legal procedures, such as a law enforcement officer reading the person their Miranda rights before questioning them or a private person properly disclosing the cause of the arrest when trying to effect a citizen's arrest, may result in an unlawful arrest claim.

Unlawful arrests in Minnesota may have several consequences, including emotional distress and trauma (on the part of the person unlawfully arrested) and a loss of public trust in law enforcement. To this end, state and federal laws address these types of arrests and the actions that may result from them. For instance, victims of an unlawful arrest may pursue legal recourse and file civil lawsuits against the arresting officers under U.S. Code Title 42, Section 1983. Likewise, per Minnesota Statutes Section 629.402, any public officer (or someone pretending to be one) who unlawfully arrests or detains a person may face gross misdemeanor charges, punishable by a fine of up to $3,000. These individuals may also face false imprisonment charges under Minnesota Statutes Section 609.255, punishable by a fine of up to $5,000, imprisonment of up to three years, or both.

In addition, evidence obtained as a result of an unlawful arrest may be excluded from court proceedings (per the Fourth Amendment " exclusionary rule," which bars illegally obtained evidence from being used against the accused). Charges related to the unlawful arrest may also be dismissed if the arrest is found to be unconstitutional or procedurally flawed. Lastly, unlawful arrests often trigger internal investigations within the law enforcement agency, which may lead to disciplinary actions being taken against the defaulting officer(s).

Are Arrest Records Public in Minnesota?

Per the Minnesota Government Data Practices Act, any data collected, created, received, maintained, or disseminated by a government entity is public information and may be accessed by interested members of the public, except where statutorily deemed private or confidential. To this end, arrest records in Minnesota are generally considered public records; however, certain information in these records may be exempt from disclosure.

Information that is typically publicly available in Minnesota arrest records include:

The name and age of the person who was arrested
The date and location of the arrest
A brief of the offense/incident that led to the arrest
The name of the arresting officer
The arresting law enforcement agency

Booking photos (mugshots) of persons formally charged with a crime are also typically publicly available; however, if the person has not been charged, their mugshot is considered protected data and may not be disclosed by the arresting agency. Likewise, juvenile arrest records, data concerning sexual assault and domestic abuse victims, and expunged records are also deemed private or confidential and are not publicly available in Minnesota.

What are the Types of Arrest Records in Minnesota?

There are two main types of arrest records in Minnesota: local arrest information generated and maintained by local law enforcement agencies and state-level criminal records held by the Minnesota Bureau of Criminal Apprehension (BCA). Local police departments and county sheriff's offices typically only document arrests made within their specific jurisdictions and provide copies of these records to interested parties. On the other hand, the BCA maintains a repository of criminal history information, and compiles arrest data from local law enforcement agencies, courts, and other state entities, creating a centralized database for statewide public access to arrest records.

Where are Arrest Records Kept in Minnesota?

Arrest information in Minnesota is generally maintained by various agencies at the local and state levels. Note that the nature of the available information in the record depends on the agency holding it. Key agencies that maintain copies of Minnesota arrest records include:

Local Police Departments and Sheriff's Offices: local law enforcement agencies generally create and maintain records of arrests resulting from incidents that occur within their jurisdictions and are the primary record custodians for arrest information in Minnesota. These locally-generated arrest records typically contain details like the name and age of the person arrested, the date of the arrest, and the nature of the offense.
The Minnesota Bureau of Criminal Apprehension (BCA): the BCA serves as the state-level repository for criminal records in Minnesota. These criminal records typically include information on arrests, charges, and convictions collected from local law enforcement agencies and courts. Be aware that the BCA does not disclose information on convictions older than 15 years.
The Minnesota Judicial Branch: the Minnesota judicial branch generally maintains copies of arrests that result in legal proceedings being taken against the person. These criminal court records typically include information on the arrest as well as subsequent legal actions, such as the charges filed and court outcomes, and may be accessed by contacting the specific court that handled the case. Unlike the BCA, Minnesota courts typically provide public access to conviction records indefinitely (except for situations where the person's record has been expunged).
The Minnesota Department of Corrections (DOC): the DOC generally maintains inmate records and provides public access to information on individuals who are either currently incarcerated in state correctional facilities or have been released but are still under supervision. This information typically includes the inmate's name, date of birth, offense(s) that led to their arrest and incarceration, sentencing date, and anticipated release date.
Federal Agencies: federal agencies like the FBI maintain records of arrests related to federal offenses committed in Minnesota (the FBI also holds arrest records that may be linked to interstate or national investigations). Likewise, the Federal Bureau of Prisons maintains records of individuals incarcerated in federal correctional facilities located in Minnesota (similar to the state's Department of Corrections).

How to Find Public Arrest Records in Minnesota?

There are several methods for obtaining public arrest records in Minnesota. These typically include:

Requesting Arrest Records from Local Law Enforcement Agencies: arrest records are primarily generated by local law enforcement, and these records may be accessed by contacting the police department or sheriff's office that handled the arrest. Be aware that even though local law enforcement agencies are required to provide access to public arrest records per the Minnesota Government Data Practices Act, certain restrictions may apply based on the nature of the case or to protect the privacy of the individuals involved. Requesters may also be required to meet certain conditions before accessing the record, like submitting a written request and paying a search and/or copy fee. As such, it is generally advisable to confirm the agency's specific procedure for handling public records requests beforehand (this information is usually available on their respective websites).
Contacting the Appropriate Court: interested parties may obtain information on arrests that resulted in charges being filed and criminal proceedings against the person by contacting the court that handled the case. The Minnesota judicial branch also provides access to these records through its Minnesota Court Records Online (MCRO) platform and public access terminals located at every district court. Be aware that a fee may be required to obtain copies of these records. Also, the availability of some records may be limited via the MCRO; however, documents that are unavailable online may usually be accessed in person at the courthouse.
Performing a Public Criminal History Search via the BCA: the BCA provides both in-person and online access to criminal records. Note that this agency only publicly discloses data on criminal convictions less than 15 years old (following the completion of the sentence); this information typically includes details on the offense that led to the conviction, the date of the offense, the court, and date of conviction, the sentence imposed, and the person's place of confinement or probation agency. All other arrest information, court information, and convictions more than 15 years old are deemed private information and may only be accessed by specific authorized parties, including the subject of the record and individuals with a notarized Informed Consent Form duly signed by this person.
Using Third-Party Websites: third-party websites like RecordsFinder generally offer access to public arrest records by aggregating data from public and private databases and providing users with a convenient way to search for Minnesota public arrest records. These platforms typically offer name-based searches, making them a preferred option for individuals who are unsure of the agency involved in the arrest. However, it is important to note that third-party websites are typically not government-affiliated and may not always have up-to-date or complete information; these platforms may also charge a fee for access to their services.

How Long Do Arrests Stay on the Record in Minnesota?

While records of arrests (and prosecutions) generally remain on a person's criminal record forever, Minnesota generally offers individuals the opportunity to expunge these records (remove them from public view). This option is available for several scenarios, such as where the person was arrested due to mistaken identity or if they received a pardon for the offense; certain non-felony cannabis-related offenses are also eligible for automatic expungement. Arrest records may also be expunged in situations where the person was not charged with a crime - this type of expungement involves writing to the law enforcement agencies that may have records of the arrest to destroy "identifying parts" of the record. Note that any DNA samples collected during the arrest typically will not be destroyed.

How To Seal or Expunge an Arrest Record in Minnesota?

Expunging criminal records in Minnesota involves a court process that allows individuals to hide their records from public view. It is important to note that this process does not destroy the record; instead, it is 'sealed" (and may no longer be accessed by the general public). The eligibility criteria, procedure, and general requirements for expunging criminal records in Minnesota are primarily outlined in Minnesota Statutes Chapter 609A and expanded on by several other laws, including Minnesota Statutes Sections 299C.11 and 260B.198, as well as the Minnesota Court Rules.

There are two main types of expungements in Minnesota:

Full Expungements: these involve the complete sealing of all records held by the court, the Bureau of Criminal Apprehension (BCA), and other government agencies. Full expungements are typically only granted for specific cases. These typically include offenses committed by juveniles tried in adult court, cases resolved in favor of the defendant (acquittals and dismissals), certain first-time drug possession offenses, and offenses where the person has completed a diversion program or stayed adjudications and remained crime-free for a specified time. There is a mandatory waiting period before a person may be eligible to have their record fully expunged: two years for misdemeanors, four years for gross misdemeanors, and five years for felonies. Note that the person must not be convicted of a new crime during this waiting period to remain eligible.
Partial Expungements: a partial expungement only seals court records; records held by other government agencies remain accessible to the public. This type of expungement is typically granted in situations where the person does not meet the requirements for a full expungement.

Individuals looking to expunge their records must file a petition for expungement with the appropriate court, which will then set a hearing date during which the petitioner will need to present their case. The court will consider factors like the nature of the crime, the time elapsed since the offense, the person's rehabilitation efforts, and recommendations from the victim of the crime and relevant government agencies when deciding whether to grant or deny the petition. Note that even though these agencies may object to the expungement, their objections do not automatically lead to denial.

If the expungement is granted, the record is officially sealed and may no longer be accessed by the public. However, expunged records may be reopened and viewed under specific circumstances, including criminal investigations, certain types of employment background checks, or with an appropriate court order.