I was arrested, but never charged — Can I clear the arrest off my record?
Yes. You are able to request that all records of your file be destroyed if either of the following circumstances occurred following your arrest:
- all charges were dismissed prior to a determination of probable cause; or
- the prosecuting authority declined to file any charges and a grand jury did not return an indictment.
If one of the above circumstances is present, you can file what is called a 299C.11 petition. This petition demands that the investigating agency destroy the arrested person’s finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, including all copies and duplicates. The specific language is outlined in Minn. Stat. § 299C.11.
This does not include investigations conducted by departments such as Child Protection Service Agencies, the Department of Human Services, or any other agency outside of the criminal field. The statute pertains specifically to “arrested persons”, and the relevant arrest can only occur in a criminal investigation.