Nonviolent offenses committed by children are targeted
Hennepin County District Attorney Mary Moriarty has made history with the launch of the nation’s first prosecutor-led juvenile expungement program. This transformative initiative aims to clear the criminal records of young people, offering them a new chance at success by sealing juvenile convictions. By doing so, it removes obstacles to education, employment and housing — critical areas for youth trying to build a better future.
In October 2020, Minnesota Attorney General Keith Ellison introduced the state’s first statewide adult expungement program, along with the Help Seal My Records portal. The program, which focuses on nonviolent offenses, has already sealed nearly 1,000 records, and expungement clinics are being held across the state. This effort reflects a growing belief that past mistakes should not determine an individual’s entire life.
Moriarty’s juvenile program represents a bold move to address the deep-rooted challenges faced by justice-involved youth, especially Black and brown youth, who often experience systemic barriers. University of Minnesota law professor JaneAnne Murray believes prosecutors are uniquely suited to handle expungements because they have access to case files and can act quickly without waiting for an individual to apply.
“Because they have access to all these files, they can do blanket expungements of certain offenses — there’s no need for the person to apply first. Prosecutors can move quickly and efficiently,” Murray said.
Moriarty’s office has already begun identifying cases to expunge automatically, focusing on offenses that youth committed as children. These blanket expungements aim to clear records without requiring lengthy applications, offering an immediate opportunity for a clean slate.
Morgan Kunz, head of youth prosecutors at the Hennepin County Attorney’s Office, explained that applicants must demonstrate one to two years of law-abiding behavior before they are eligible to apply. “They can apply to the Help Seal My Records portal immediately, and the typical waiting period is one to two years,” Kunz said.
The New Justice Project (NJP) applauded the move, calling the expungement initiative essential to breaking down barriers for justice-impacted youth. “The launch of this juvenile record expungement program is vital to creating opportunities for youth in our community,” said Shakirah Edwards, NJP spokesperson. “At NJP, where we represent formerly incarcerated individuals, we know firsthand how criminal records limit opportunities and make reintegration into society harder.”
Rich Gordon, an NJP organizing fellow, shared similar thoughts, adding that the expungement program could inspire a sense of hope among youth. “This is a critical step towards creating opportunities that can lead to a brighter future. Many youth in our communities believe criminality is their only option, but programs like this show them that there’s a better way to live,” Gordon said.
Experts like Christopher Wellborn from the National Association of Criminal Defense Lawyers and Murray argue that a criminal record significantly hinders employment prospects. “Even in a strong economy, having a criminal record can be a huge disadvantage in the job market. Employers often choose applicants without a criminal history, which impacts not only individuals but also entire families,” Wellborn said.
Murray also pointed out the racial disparities in the justice system. “A disproportionate number of juvenile convictions involve youth of color, who are often caught in the school-to-prison pipeline. Zero-tolerance policies lead to suspensions and expulsions, pushing youth onto the streets and into situations that can lead to criminal behavior,” Murray explained. “These issues disproportionately affect Black and brown youth, and addressing them is critical for fairness and equity.”
Cathy Deng, lead developer of the Expungement.IO project, emphasized the broader systemic benefits of automatic expungements. “Automatic expungement, where youth don’t need to take action themselves, can be much more powerful,” Deng said. “Even better is preventing arrests in the first place.”
Moriarty’s program, which targets offenses committed by children, has been hailed as a significant step toward addressing racial injustice and reforming outdated policies. Advocates hope it will serve as a model for other regions and spark more efforts to create a justice system that offers true equality and second chances for everyone.