Minnesota’s Clean Slate Act: An Update
Minnesota’s Clean Slate Act went into effect on January 1, 2025. The new law calls for a blanket, automatic expungement of certain eligible offenses.
For details on which prior offenses qualify for automatic expungement, see our previous post summarizing the new law: The Clean Slate Act: Minnesota’s New Automatic Expungement Law — JOHNSON ERICKSON | Minneapolis Criminal Defense Lawyers
Reactions to the Law
The Minnesota Clean Slate Act, effective January 1, 2025, offers significant benefits by automatically expunging eligible lower-level, nonviolent criminal records after a set period of crime-free behavior. Advocates praise the law for granting second chances, enabling better access to employment, housing, and educational opportunities for an estimated 500,000 Minnesotans. Studies show such expungements can lead to a 23% wage increase, addressing workforce shortages and fostering economic growth. By removing barriers, the law empowers individuals to reintegrate into society, promoting community safety and productivity.
Supporters emphasize the ethical and practical implications of the law, noting that only 5-6% of eligible individuals pursued expungement under previous petition-based systems due to complexity and costs. The act's automation streamlines the process and aligns Minnesota with a growing national movement for clean-slate laws. While expunged records remain accessible to law enforcement and certain licensing boards, advocates stress the importance of redemption and inclusivity.
However, critics express concerns about the potential impact on public safety and judicial oversight. Law enforcement groups worry the automatic expungement process limits judicial discretion and could complicate access to records during investigations. Some also argue the law doesn't adequately address cases where offenders had convictions reduced to lesser charges. Despite these concerns, the act is broadly seen as a transformative step toward balancing public safety with fairness and opportunity.
Offenses Eligible for Automatic Expungement Under the Minnesota Clean Slate Act:
Petty Misdemeanors:
All petty misdemeanors except traffic-related offenses (e.g., parking or operation violations).
Waiting period: 2 years after sentence discharge, with no new offenses.
Misdemeanors:
All misdemeanors except the following:
Fourth-degree driving while impaired (DWI).
Violation of an order for protection.
Fifth-degree assault.
Domestic assault.
Violation of a harassment restraining order.
Interference with emergency calls.
Obscene or harassing phone calls.
Indecent exposure.
Interference with privacy.
Violation of a domestic abuse no-contact order.
Waiting period: 2 years after sentence discharge, with no new offenses.
Gross Misdemeanors:
All gross misdemeanors except the following:
Second-degree driving while impaired (DWI).
Third-degree driving while impaired (DWI).
Violation of an order for protection.
Fourth-degree assault.
Fifth-degree assault.
Domestic assault.
Criminal neglect.
Fifth-degree criminal sexual conduct.
Malicious punishment of a child.
Escape from custody.
Tampering with a witness.
Fourth-degree burglary.
Interference with privacy.
Violation of a harassment restraining order.
Harassment or stalking.
Interference with emergency calls.
Indecent exposure.
Nonconsensual dissemination of private sexual images.
Violation of a domestic abuse no-contact order.
Waiting period: 3 years after sentence discharge, with no new offenses.
Felony Offenses:
Felonies listed in Minnesota Statute 609A.02, subdivision 3, paragraph (b), eligible for petition-based expungement.
Waiting period: 5 years after sentence discharge, with no new offenses.
