Minnesota Clean Slate Summary

Legislation passed date: Signed by Governor Walz on May 17, 2023. Minn. Stat. § 609A.015

In 2023, as part of a comprehensive reform of the criminal justice system, SF 2909 (2023) authorized automatic sealing of non-conviction records, most misdemeanors, and many non-violent felonies that are already eligible for petition-based sealing, effective January 1, 2025. SF 2909 also authorized automatic expungement of pardoned convictions and cases of mistaken identity. The courts are responsible for informing defendants in cases before them of their eligibility for automatic sealing, and the Bureau of Criminal Apprehension (BCA) is responsible for identifying eligible cases and sealing its records and informing the courts and law enforcement agencies so that they may seal their records.

Drug convictions, as well as felonies reduced to gross misdemeanors, and gross misdemeanors reduced to misdemeanors, are not eligible for automatic sealing. Sealing by petition remains available in these cases. A separate law that legalized cannabis will automatically seal many marijuana misdemeanor records.

Effective date: January 1, 2025.

Implementation Date: January 1, 2025.

Appropriation:

SF 2909 included comprehensive criminal justice policy and practices reform. The bill included appropriations for general operational and improvements for Judicial and Public Safety programs and services. Implementation costs for automated sealing appear to be included in the following line items:

1. Courtroom Technology Enhancements: $7,400,000 1st year.
2. Court Information System Integration: $340,000 1st year, $348,000 2nd year.
3. Public Safety – FBI Compliance, Critical IT Infrastructure, and Cybersecurity Upgrades: $10,550,000 1st year, $2,737,000 2nd year.
4. Public Safety – Expungement-Related Costs: $3,737,000 1st year, $190,000 2nd year.
5. Public Safety – Data Infrastructure: $22,914,000 1st year, $22,915,000 2nd year.

HF 1000 that legalized recreational use of cannabis also included appropriation of the following:

1. $5,871,000 in 2024 and $5,356,000 for the Cannabis Expungement Board.
2. $760,000 for a public information campaign related to automatic sealing of cannabis related crimes.
3. $3,629,00 to BCA to help cover expungement costs.
4. $6,656,000 in fiscal year 2023 for BCA to identify and provide records of convictions for certain offenses involving the possession of cannabis that may be eligible for expungement and resentencing; for forensic science services including additional staff, equipment, and supplies; and for the investigation of diversion crimes.

Records are Sealed. In Minnesota, expunged and sealed criminal record can still be accessed by the Court, prosecutors, and law enforcement agencies including police, FBI, immigration, and other agencies in a criminal investigation, prosecution, or for sentencing and probation purposes. Sealed criminal records can also be accessed by criminal justice agencies and other state agencies if you apply for certain jobs or apply for types of occupational licenses. 

Eligibility Criteria:

Criteria to qualify for Automatic Expungement:

Non-Conviction and Juveniles

• Person was arrested and all charges were dismissed after a case was filed unless dismissal was based on a finding that the defendant was incompetent to proceed; or
• All pending actions or proceedings were resolved in favor of the person; or
• Person successfully completed the terms of a diversion program or stay of adjudication and has not been charged with another offense, other than an offense that would be a petty misdemeanor, for one year immediately following completion of the diversion program or stay of adjudication; or
• Person was adjudicated delinquent for, convicted of, or received a stayed sentence for a qualifying offense; and
  • Person has not been convicted of a new offense, other than a petty misdemeanor, in Minnesota during the applicable waiting period; and
  • Person is not charged with a new offense in Minnesota at the time the person reaches the end of the applicable waiting period.

Qualifying offenses for automatic expungement:

• Petty Misdemeanor Offenses (excluding traffic regulation relating to the operation or parking of motor vehicles). Waiting period: 2 years after discharge of sentence.
• Misdemeanor Offenses (excluding fourth degree driving while impaired, violation of an order for protection, fifth degree assault, domestic assault, violation of a harassment restraining order, interference with emergency call, obscene or harassing phone calls, indecent exposure, interference with privacy, violation of domestic abuse no contact order). Waiting period: 2 years after discharge of sentence.
• Gross Misdemeanor Offenses (excluding second degree driving while impaired, third degree driving while impaired, violation of an order for protection, fourth degree or fifth degree assault, domestic assault, criminal neglect, fifth degree criminal sexual conduct, malicious punishment of a child, escape from custody, tampering with witness, fourth degree burglary, interference with privacy, violation of a harassment restraining order, harassment or stalking, interference with emergency call, indecent exposure, nonconsensual dissemination of private sexual images, violation of domestic abuse no-contact order). Waiting period: 3 years after discharge of sentence.
• Felony Offenses moved from Petition to Automatic Expungement. The statute lists 53 felony offenses (mostly lower-level felony offenses) that are eligible. Waiting period: 5 years after discharge of sentence.

Agencies Involved:

• Minnesota Department of Public Safety, Bureau of Criminal Apprehension (BCA)
• Minnesota Judicial Branch, State Court Administrator’s Office (SCAO)

Status: Planning and testing for implementation on January 1, 2025.

Approach:

• BCA establishes eligibility based on research and analysis of criminal history records. BCA notifies the SCAO about eligible cases.

Challenges:

• Eligibility of criminal history records. Stat. § 609A.015 requires that BCA identify individuals who are the subject of automated sealing using fingerprints and thumbprints as well as by name and date of birth. There is the possibility that certain individuals are misidentified and included or excluded from automatic sealing. This is because BCA is only relying on name and date of birth to find records when they do not have associated fingerprints. This issue may affect some people with misdemeanor charges.
• Data quality issues – older records. Criminal history records, prior to 2018, that are from the previous computerized criminal history (CCH) system may have data quality issues. The current CCH implemented charge tracking as well as provisions for structured dispositions and sentences, while the previous CCH utilized semi-structed text strings. The challenge could be in determining the convicted charges, the disposition for charges, as well as sentence criteria.
• Confirmation of time since completion of sentence terms and legal financial obligations. Minn. Stat. § 609A.015 uses final discharge (i.e., completion of probation or release from incarceration) for the basis to determine waiting periods. Discharge dates may be difficult to determine particularly for older records—especially for sentences that did not include incarceration because there may not be a release date available for probationers.
• Verification that the individual has no pending charges in any court. Verifying that an individual has no pending charges in any other court can only be accomplished by submitting a fingerprint-based state identification number (SID) via the Interstate Identification Index (III), which supports national searches of criminal history repository data, including pending charges. This is a barrier because to run a III check on a person, they typically must give their permission and provide fingerprints if they are not a suspect/defendant in an active case with a law enforcement agency, prosecutor, or court. Under automatic sealing, the person is not notified that they are eligible and therefore will not be provided the opportunity to provide permission.
• Judicial branch considerations. BCA is required to notify the Judicial Branch of eligible convictions. Once the records are received from BCA the court will need to match the CCH records to the court files and seal them within the court system. The Judicial Branch is developing a service for BCA to invoke to send the records to the courts. Issues include notifying the repository that the record is sealed and ensuring that only eligible charges are sealed.

Notifications: Funding provided for a public information campaign related to automatic sealing of cannabis related crimes.

Outcomes to date: Continued planning, developing, and testing with January 1, 2025 implementation date scheduled.