The Minnesota Clean Slate Act
What is the Clean Slate Law?
The Clean Slate Law provides for the automatic expungement of eligible criminal records following the discharge of sentences and after a designated waiting period of 1-5 years, depending on the crime. This law goes into effect on January 1, 2025.
How Do I Know If I’m Eligible For Automatic Expungement?
This Law is retroactive, therefore, if you’ve been discharged from a sentence of a qualifying offense, remained free of new offenses, and fulfilled the waiting period requirements before January 1st, 2025, than your expungement is already being reviewed and will likely be completed by January 1st, 2025.
How Does It Work?
The offenses that will be cleared automatically are listed on this page in the eligibility section under the various levels of crimes. The waiting periods vary by the level of the offense. Waiting periods begin immediately upon discharge of a completed sentence. The Bureau of Criminal Apprehension (BCA) will review cases that have met all criteria annually and expunge the records.
Do I have to do anything to have my record expunged?
No, the BCA is responsible for reviewing and expunging ALL records that meet the eligibility criteria.
Automatic Expungement Eligibility
The offense is included under this bill (below)
No new convictions or pending charges with the exception of petty misdemeanors during the waiting periods or during review periods.
Successful discharge of sentence
Completion of waiting periods
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2 year waiting period from discharge of sentence.
All petty Misdemeanors are eligible
Exceptions: Traffic Violations
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- 2 year waiting period from discharge of sentence.
- Most Misdemeanors with some exceptions
- Exceptions:
4th Degree DWI
Violation of an Order for Protection
5th Degree Assault
Domestic Assault
Violation of harassment or restraining order
Interference with emergency call
Obscene or Harassing phone calls
Indecent Exposure
Interference with Privacy
Violation of a Domestic Abuse No Contact Order
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3 year waiting period from discharge of sentence
- Many Gross Misdemeanors with some exceptions
- Exceptions:
2nd & 3rd Degree DWI
Violation of an order for protection
Criminal Vehicular Operation
4th & 5th Degree Assault
Domestic Assault
Criminal Neglect
5th degree Criminal Sexual Conduct
Malicious Punishment of a child
Escape from Custody
Tampering with a witness
4th Degree Burglary
Interference with Privacy
Violation of a Harassment restraining order
Harassment/Stalking
Interference with an emergency call
Indecent exposure
Nonconsensual dissemination of private sexual images
Violation of a domestic abuse no contact order
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FAQs
Who can see my expunged record?
The purpose of the Clean Slate Law is to assist individuals seeking employment and housing. Once expunged, the record will not be available to the general public. However, criminal justice agencies, law enforcement, the departments of children, youth and families; health; and human services will still have access to expunged records. It should also be noted that employment and housing background checks performed in states besides Minnesota can still access records.
What agency is responsible for expunging eligible records?
The Bureau of Criminal Apprehension (BCA) is responsible for reviewing records and implementing eligible expungements. The BCA expungement team is currently reviewing records and has a deadline of January 1st, 2025. After January 1st, records will be reviewed for automatic expungement annually. The time between the completion of the designated waiting period and the BCA’s annual review is called the review period.
Is petition-based expungement still an option if my record is ineligible for automatic expungement?
Yes, petition-based expungement is still an option under 609A.02/609A.03 if your record is ineligible for automatic expungement.
If my conviction requires me to register, am I eligible for expungement?
Records of a conviction of an offense for which registration is required under section 243.166 are not eligible for expungement.
Does the Clean Slate Law include expungement or relief for licensing and standards boards?
No, the Clean Slate Law does not include expungement or relief for records held by the commissioner of human services, the commissioner of health, or the Professional Educator Licensing and Standards Board. Individuals can file a petition under section 609A.03 for these records, subject to the process and limitations outlined in sections 609A.03 and 609A.02.
Do I need to do anything after the waiting period?
No, the BCA expungement team will fully expunge any eligible offenses that have met the waiting period requirements as long as there are no new convictions or pending charges other than petty misdemeanors during the waiting period or review period.
How does the Clean Slate Law work with non-convictions, stays, diversion programs and exonerations?
Non-Convictions: Dismissals and not guilty verdicts are eligible with no waiting period.
Exonerations: If a person has been found eligible to be compensated for wrongful conviction, the record must be immediately and automatically expunged.
Diversions: There is a 1-year waiting period after the discharge of programming.
Stay of Adjudication: There is a 1-year waiting period after the discharge of sentence for non felony stays of adjudication. Only non-felony stays are eligible for automatic expungement.
Will I be notified when I am eligible for automatic expungement or after automatic expungement is completed by the BCA?
Unfortunately, the BCA is NOT required to notify individuals when they are eligible for automatic expungement or after the expungement is completed by the BCA. It is up to individuals to track when they become eligible and check their records.
If my felony is expunged in Minnesota, can I vote in other states?
Expunging a felony in Minnesota may restore your right to vote in Minnesota, but voting rights in other states will depend on that state's laws. You should check with the relevant authorities in the state where you wish to vote.