Two bills signed into law during the 2023 legislative session require
automatic expungement (sealing) of certain criminal history records.
The Clean Slate Act
The Clean Slate Act requires automatic expungement of certain records from a person's BCA criminal history, replacing the current requirement that the person petition the court for an order expunging the record. Other criminal history records will still require a petition and court order. The Clean Slate Act goes into effect on Jan. 1, 2025. We anticipate being able to implement Clean Slate-related automatic expungements by the January 2025 deadline.
The Adult-Use Cannabis Act
The Adult-Use Cannabis Act eliminates certain cannabis-rel ated offenses. It also requires automatic expungement of certain prior cannabis-related records from the BCA's Criminal History System.
Cannabis-related records that qualified for automatic expungement were expunged from the BCA's Criminal History System in May 2024. The BCA will review records in the system again in 2025 to identify and expunge any additional records that were still in the court process when the 2024 expungements occurred.
Eligible felony-level cannabis-related convictions will be reviewed by the Cannabis Expungement Board to determine whether those records meet criteria identified in the statute for expungement.
The Cannabis Expungement Board is an independent entity separate from
the Bureau of Criminal Apprehension. Information on
efforts to stand up this new board, its timeline, and a point of contact for
inquiries about board activities, are available on the Cannabis Expungement Board website. |
What's Next?
The BCA has notified the Minnesota Judicial Branch and local criminal justice agencies about records expunged at the BCA so that those entities can expunge their related records.
Minnesota is part of the National Crime Prevention and Privacy Compact, which requires the records remain visible in other states unless a petition is filed and the court orders the record at the BCA be sealed from view in other states.
The BCA does not have contact information for people with records in the Criminal History System and as a result cannot notify individuals about changes to their criminal history records. A notice is posted on all records in the BCA Criminal History System notifying those who view the records about the possibility of future changes under the Adult-Use Cannabis Act.
Additional information about records held by the BCA is available on the Criminal History System FAQ page.
Accessing Expunged Records for Immigration Purposes
For immigration related benefits (such as obtaining visas, naturalization, international travel, and work authorization), expunged records may need to be reported to immigration agencies. Keeping a copy of your criminal history record may be important. Please consult with an immigration attorney if you are a non-citizen with a record that will be expunged under this provision.
Records held by the BCA
Requests for records held by the BCA can be made at any time, including before or after the records are expunged.
- Individuals who may need copies of criminal history records that are eligible for expungement should request copies of those records.
- Individuals who may be subject to immigration proceedings are strongly encouraged to consult with an immigration attorney.
- Copies of expunged criminal history records will be provided to the subject of the record upon request.
- To obtain copies of Minnesota criminal history records for immigration purposes, complete and submit the request form on the BCA's Background Check page.
Additional information about records held by the BCA is available on the Criminal History System FAQ page.
Records held by the Minnesota Judicial Branch
Contact the Minnesota Branch Self-Help Center for information about records held by Minnesota courts.
Records held by local agencies
Contact local authorities for records held by local law enforcement and prosecution entities.
