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Can A DWI Be Expunged in Minnesota?

A DWI conviction is something you do not want on your permanent record. Not only can this make it difficult to get a license, but it can also cause difficulty with finding housing and a job. Luckily, a misdemeanor DWI conviction can be expunged with an experienced attorney.

Expungement is not a quick process, and you must wait a few years from your charge to get it expunged. If you have a fourth-degree DWI, you have to wait two years from the date of the sentence. Second and third-degree convictions require a four-year waiting period before you can pursue expungement. It's important to note that first-degree DWI felonies cannot be expunged.

Determining Factors

A judge will consider multiple factors when determining if your conviction can be expunged or not. One of the many things they consider is the severity of the crime and the risk the individual could potentially pose to society. The petitioner’s criminal background and record of employment will also be taken into consideration.


The expungement process begins with filing a petition and a proposed expungement order to the prosecutor. Any involved victims must be notified to go through with the petition. If the paperwork is accepted, a hearing will take place anywhere after 60 days of the service of the petition. This gives the petitioner time to create their case since a strong one is needed for expungement.

Hiring an Attorney

Having your DWI expunged is possible with the right lawyer. Speaking with a legal professional early on can help build a stronger statement for you. The Caplan and Tamburino team is here to help you return to normalcy. Give our office a call today at (612) 444-5020 or visit our website to find out what you can do about your DWI.


Why Choose Us?

  • We’ll start your case with a FREE, no-obligation consultation
  • Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
  • We have represented thousands of clients and we have handled hundreds of jury trials
  • Our attorneys have worked as prosecutors and public defenders throughout the state
  • Our team is available 24/7 – when our clients need us, we’re there for them

Book a Free Consultation 

We are available to speak with you 24/7. Don't hesitate to call us at (612) 444-5020 or fill out the form below. 
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