Yes, under the Minnesota Public Record Act and the Freedom of Information Act, public records (including arrest records) managed and created by government agencies can be accessed by the general public. State residents can request to review paper copies of public arrest records kept and maintained by local law enforcement agencies.
Minnesota arrest records (also known as arrest reports) are reports produced by law enforcement agencies when individuals are apprehended and taken into custody for allegedly committing a crime or questioning. Regardless of the type of crime committed, state law enforcement agencies create and maintain these records.
An arrest record typically provides details of an arrest based on an alleged criminal offense and can not serve as conclusive evidence that an individual committed an offense. Arrest records are parts of an individual's Minnesota criminal record and can be used during one's prosecution per Minnesota state law. In Minnesota, the state allows for arrest records to be sealed or erased. This is because not all arrests lead to a criminal conviction.
Note: Per Minnesota Statutes 13.82 (Subd. 19), arrest warrant indices records are confidential until the suspect has been arrested, served with a warrant, or taken to court.
An arrest record contains details of an individual's apprehension by law enforcement agents. As such, typical contents of an arrest record include:
The general public can access arrest records created by law enforcement agencies in Minnesota. These include the subject of the record, employers, landlords, attorneys, victims, witnesses, government agencies, and other interested third parties. However, certain records and information are considered private and may be withheld by law enforcement agencies due to federal and state exemption laws:
The Department of Public Safety Bureau of Criminal Apprehension (BCA) compiles annual data regarding criminal activity in Minnesota. These data are usually submitted by individual law enforcement agencies in the state.
The BCA’s Uniform Crime Reports reveal that approximately 111,478 arrests were made in the state in 2021. About 81,746 of the arrestees were males, and 29,732 were females. Juveniles accounted for 7.6% (8,483) of those arrested that year. The crimes committed by these offenders were divided into:
Minnesota arrest search helps members of the public to gain access to arrest records and reports of individuals held in custody within the state. This search can be conducted online or in person at the city or county of arrest. Most law enforcement agencies in Minnesota have arrest logs or jail rosters that can be used to find individuals currently arrested in a locality. To conduct a Minnosta arrest search, inquirers may have to provide basic information about the offender. In most cases, the offender’s name or booking number may be required. Alternatively, requesters can just go through a law enforcement agency’s arrest log, booking report, or jail roster to locate the specific offender information they need. Although this process is long, it might be the only option when the offender’s information is unknown. Per Minnesota Statutes 13.82 (Subd. 2.), an arrest search provides requesters with the following data:
The subject of an arrest record (the apprehended party) is primarily the inquirer of such documents. However, state laws allow arrest records on any offender in the state to be accessed by the general public.
There is no central repository in Minnesota an inquirer can search to obtain another person's arrest record. Hence, the only option available to make such inquiries is at the local sheriff's office or police department that conducted the arrest. These law enforcement agencies should be contacted beforehand or check relevant information on their official websites on inquiring about arrest records because the method and fees for disseminating arrest records may differ by agency.
For example, some local law enforcement agencies (such as the Ramsey County sheriff's office) may require an inquirer to submit a request form or the United States mail. Other agencies (i.e. Hennepin County's sheriff's office) provides online request forms that an inquirer can use in submitting a request to view another individual arrest record.
Local law enforcement agencies would typically require an arrestee's identifying information such as their full name, date of birth, booking information, or arrest date to process an arrest record lookup. The inquirer would also need to provide their personal information such as their mailing address, full name, phone number, and a valid form of identification. Local law enforcement agencies may also require payment of service charges fees. These fees can be paid with cash, money order, or checks addressed to the agency.
Under the Minnesota Government Data Practices Act (MGDPA), members of the public have the right to review all public records in possession of government agencies. However, the MGDPA is not absolute because certain records are considered private or confidential per Section 13.02 of the Minnesota state statutes.
The need for a subpoena arises when an individual or entity needs to access private or confidential data held by law enforcement agencies. A subpoena for the inspection of non-public data can be submitted through a written objection from the requesting party or attorney to a state court.
A subpoena is a court order requiring an entity to appear before a court hearing, attend a deposition, or produce specific documents or records. Per Rule 45 of Minnesota Rules of Civil Procedures, an existing case must be scheduled before a subpoena can be issued in a civil suit. In Minnesota, licensed attorneys can issue subpoenas directly. The court clerk may also issue subpoenas to a requesting party.
Each court has its steps of serving a subpoena either in person, at the courthouse, or via mail. There is a $16 fee for filing a subpoena. Those unable to pay the fee might qualify for a fee waiver.
Most courts provide the necessary subpoena forms and packets that can be downloaded online. Otherwise, Minnesota Judiciary branches provide the relevant form accessible at Minnesota's State Court website.
Most basic information about a court case is public in Minnesota except for juvenile court records. A juvenile court manages juvenile records, and these records are sealed from the public view. An individual can file a subpoena with a juvenile court to view juvenile records in a few circumstances. The relevant form to file for a subpoena for juvenile records is JUV501. The juvenile court clerk shall issue subpoenas requiring the attendance and testimony of witnesses and the production of records on the motion of the court or prosecuting attorney.
The Minnesota prison system is made of several correctional facilities operated by the Minnesota Department of Corrections (MNDOC). The state correctional system is divided into four levels of custody classification, namely minimum, medium, close, and maximum. These state facilities are used to detain offenders that have been sentenced or are awaiting sentencing.
The MNDOC offender locator can be used to search and obtain information on current inmates in any of the state correctional facilities. The offender locator contains public information specifically on adult offenders. An inquirer would have to provide either the inmate's name or MNDOC offender ID to perform inmate searches using the offender locator. The results of these searches would include:
An inquirer can contact the MDOC at (651) 361-7200 or via mail at co-records.doc@state.mn.us to obtain information on inmates that can not be found using the offender locator portal. To search for inmates in county jails, inquirers would need to use inmate search features provided on some country sheriff's official websites. Inquirers can also use the contact information provided on these official websites to find out if an offender is in custody.
Note that juvenile inmates' records can not be searched online.
The MNDOC offender locator can be used to find out if a former inmate has been released from prison and is still under the supervision of MNDOC. However, there is no central repository to search for inmates that are no longer under the jurisdiction of the MNDOC. As such, to inquire about past inmates, interested persons would need to query the MNDOC, sheriff's office, or police departments that have jurisdiction over the inmates and their records.
Most county/city law enforcement agencies in Minnesota keep searchable public records on arrested individuals. These search tools can be used to find information on individuals currently arrested in the state. For instance, recent arrests in Hennepin County are listed by the Sheriff's Office and are available on the Jail Roster Search tool. The search criteria are by name or custody status. After conducting the search, the system will generate information about individuals currently arrested in the county. Similarly, information on current inmates in Ramsey County can be found at the Sheriff’s Office. The process of searching for these inmates varies depending on where they are housed. Inquirers may use the Inmates In-Custody Booking Reports to find recent arrest information of inmates booked in the Adult Detention Center. Otherwise, they may use the Resident Roster to find current arrest details of inmates housed in the Adult Correctional Facility. The search criteria are the first and last names of the detainee.
In Minnesota, there is no general retention schedule for arrest records. However, per section 138.17 of Minnesota statutes, the retention period of public records, including arrest records, is independently determined by the head of the agency responsible for the record's creation.
These arrest retention schedules may be determined by:
For example, arrest records of criminal convictions maintained by the Bureau of Criminal Apprehension (BCA) can remain on file for 15 years after the completion of a sentence.
An arrest report is an official document written by a law enforcement officer explaining the circumstances of an arrest. It contains the arrestee’s personal data, arrest address, charges, city of violation, name of the arresting agency and originating agency, and the arrest date and time. Generally, arrest reports are not public, but booking reports are public and contain arrest information. In contrast, An arrest record is an official document that contains information about a person that has been questioned, arrested, detained, held for investigation, charged with, indicted, or tried for a criminal offense. Arrest records are generally public records.
In Minnesota, requesting to view arrest records involves contacting law enforcement agencies or submitting forms to these agencies to review arrest records under their jurisdictions. These agencies would more likely than not provide a requester with copies of the arrest record they requested. Such as, the requester would have to pay for the copies of the arrest record.
One method of obtaining arrest records for free in Minnesota is through official websites of county sheriff's offices that provide such information online for free. However, every county sheriff's office does not provide these services, and an inquirer may be limited to only recent arrest records.
Sometimes, retrieving paper copies of arrest records from local law enforcement agencies or searching some agencies' online databases can be challenging and time-consuming. In Minnesota, an inquirer can solicit the help of third-party search services online to retrieve this information at a relatively faster pace and with fewer challenges.
All an inquirer would need to do is navigate to a preferred site that offers such services in their web browser and input the first and last name of the record owner in the search boxes. In most cases, these services are not rendered for free. The inquirer would usually have to pay a one-time fee or monthly-based subscription plan to obtain the arrest records.
The law enforcement agency responsible for the creation of an arrest record should be contacted, and complaints should be made if an arrest record contains any mistakes.
For incomplete or inaccurate information found in an individual criminal history record, a written challenge that specifies parts of the records that need to be corrected can be sent to the Bureau of Criminal Apprehension (BCA). Upon receiving the challenge, the BCA would flag the record. While the challenge is being reviewed, these records would only be disclosed if the individual statement of disagreement is included in the disputed data.
Within 30 days, the record would be examined by a BCA personnel. If any error is found, it will be corrected immediately. On the other hand, if the BCA finds the record is correct, the subject would be notified that no changes would be made. Note that the record's subject has the right to appeal the agency's decision at a state court.
In Minnesota, there are several methods of expunging arrest records. The common method is filing a written request to law enforcement agencies where the records are kept per section 299C.11. These agencies include county sheriff's offices, police departments, county or city attorneys, and the Bureau of Criminal Apprehension (BCA).
The subjects of arrest records are eligible to have their arrest record expunged under section 299C.11 provided the following criteria are met:
However, some arrest records are not eligible for expungement under section 299C.11. These include cases where the subject of the record has been convicted for a felony or gross misdemeanor ten years before the arrest record creation.
Eligible persons can petition law enforcement agencies to expunge their arrest records using the following sample letters to contact relevant agencies.
Note that the sample letters listed above are only examples and should be edited with information concerning the requester's case before use.
When using the expungement method, the petitioner should keep copies of their written request and submit a copy to the law enforcement agency by "Certified Mail-Return Receipt Requested". This would help to notify the petitioner when the agencies receive the letters and resolve any dispute.