Two bills were signed into law during the 2023 legislative session that
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.
The Adult-Use Cannabis Act
The Adult-Use Cannabis Act eliminates certain cannabis-related offenses and requires automatic expungement of certain prior cannabis-related records from the BCA's Criminal History System.
Certain cannabis-related records qualify for automatic expungement. They will be expunged from the BCA's Criminal History System following Minnesota Judicial Branch review. We expect this to occur in May 2024.
Eligible felony level cannabis-related convictions will be reviewed by a Cannabis Expungement Board to determine whether the records meet the criteria identified in 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?
Our work to enable automatic expungement of these records is well underway. Technical changes to the Criminal History System are complete and a preliminary list of records that qualify for automatic expungement was sent to the Minnesota Judicial Branch for review as required by the Adult-Use Cannabis Act. The Judicial Branch has 60 days (until May 13) to object to the expungement of any of the records. We expect to expunge cannabis-related records that are eligible for automatic expungement at the BCA in May 2024.
We anticipate Clean Slate-related expungements will be implemented to meet the January 2025 deadline.
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. We will continue to post updates on our progress here on the BCA website.
In addition, 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.
