Blog: Sela Investments v. J.H. - What the recent MN Court of Appeals case means for eviction expungements.
Introduction
When people hear the term “expungement,” most think about criminal expungements—and that’s why eviction expungements are often overlooked. Both are powerful tools into restoring a person’s capability to obtain housing, employment, and standing in the community. An eviction expungement means removing the court file from publicly accessible records, effectively treating the eviction as though it didn’t happen for most background checks . After expungement, screening companies must no longer report the eviction, and tenants may lawfully answer “no” when asked about prior evictions.
What qualifies for expungement?
Under Minn. Stat. § 484.014:, mandatory expungement (Subd. 3) is required if:
The tenant prevailed on the merits, the case was dismissed, parties agreed to expunge, or three years have passed since the eviction order, or
Certain foreclosure or contract-for‑deed cases where tenant vacated before filing. See MN Revisor's OfficeMinnesota CourtsLawHelp Minnesota.
Discretionary expungement (Subd. 2) allows a judge to expunge if expungement clearly serves the interests of justice and outweighs the public’s interest in having the record available .
Some cases (e.g. certain breaches based solely on THC possession or specific statutory violations) qualify for motion-based required expungement under § 484.014(b) even without waiting periods
Sela Investments, Ltd. LLP v. J.H., A24‑1380 (Minn. Ct. App., April 21, 2025)
In April 2025, a unanimous panel of the Minnesota Court of Appeals struck down a portion of the 2023 statutory requirement that mandated expungement when a tenant fully complied with a settlement agreement (Minn. Stat. § 484.014, subd. 3 clause 7).
The court held that mandating expungement in such cases improperly removed judicial discretion over record management and interfered with the judiciary’s inherent authority to govern its files. See news article in the Minnesota Reformer.
As a result, that part of the 2023 law is now unconstitutional and no longer valid. Tenants who fulfill a settlement agreement can no longer rely on an automatic right to expungement—courts may decide on a case-by-case basis.
What This Means for Tenants
Mandatory expungement still applies when you prevailed, your case was dismissed, parties agreed, or three years have passed—even after the recent appellate decision.
The authority for mandatory expungement purely based on settlement compliance has been struck down—you must now rely on judicial discretion or apply for discretionary expungement.
Courts retain the ability to weigh interests of justice vs public interest in deciding whether to expunge under discretionary grounds.
Forms for requesting expungement—such as the Request for Mandatory Expungement—remain valid, but settlement-based automatic expungement no longer applies without a court’s approval.
Advice for Tenants
If your case qualifies for mandatory expungement (dismissal, parties agree, tenant prevails on the merits, foreclosure case, or three years elapsed), file the Mandatory Request—no fee required. If you settled the case and did not have an agreement to expunge, you may file a Motion for Discretionary Expungement. Include evidence of settlement compliance and explain how justice supports removal. Even if the landlord opposes, courts may still grant discretionary expungement—statute requires weighing public vs tenant interests . After an expungement order, send copies to tenant screening agencies and confirm delisting. If in doubt, always seek legal advice.
At Jennrich Law, we love expungements because, “So often the justice system takes from people. Expungements are special because it’s the justice system giving back. It's the law recognizing that someone has paid their dues and deserves the chance to move on. A record should not define a person forever. Expungement offers a clean slate, a path to stability, and the dignity of a fresh start."
