The Clean Slate Act: Minnesota’s New Automatic Expungement Law

Jan 5

Minnesota recently passed a new law, entitled the Clean Slate Act, that mandates automatic expungement of certain offenses. Since 2014, Minnesota has had a petition process for those seeking expungement of their prior charges and convictions. However, only about 5% of people eligible for expungement follow through with that process. Under the Clean Slate Act, the Minnesota Bureau of Criminal Apprehension (BCA) will proactively identify and expunge eligible offenses, starting January 1, 2025.

We reviewed this new law and answered some of your questions:

Are all prior offenses eligible for automatic expungement?

No, eligibility depends on how the prior offense was resolved (e.g. dismissal, diversion, conviction, etc). If the prior offense resulted in an adjudication, conviction, or stayed sentence, it must also be deemed a “qualifying offense” in order to be eligible for automatic expungement.

What sort of case resolutions are eligible for automatic expungement?

In order for a prior offense to qualify for expungement, it must first meet the following requirements:

If 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.
If all pending actions or proceedings were resolved in favor of the person.
Person successfully completed the terms of a diversion program or stay of adjudication and has not been petitioned or 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.
Person was adjudicated delinquent for, convicted of, or received a stayed sentence for a qualifying offense.
Person has not been convicted of a new offense, other than an a petty misdemeanor, in Minnesota during the application waiting period immediately following discharge of the disposition or sentence for the crime.
Person is not charged with an offense in Minnesota at the time the person reaches the end of the applicable waiting period.

What is a “qualifying offense”?

A prior adjudication, conviction, or stayed sentence (under paragraph 4, above) must be a “qualifying offense” in order to be eligible for automatic expungement. Instead of listing all qualifying offenses, the new law lists excluded offenses by severity level. Prior offenses under this category also have a waiting period, based on severity level, before they are eligible.

Petty Misdemeanor Offenses

Waiting period: 2 years
NOT including traffic regulation relating to the operation or parking of motor vehicles. There is also a waiting period before automatic expungement, based on the level of offense.

Misdemeanor Offenses

Waiting period: 2 years
What if my offense started as a gross misdemeanor, but was sentenced as a misdemeanor or later deemed a misdemeanor after a stay of imposition?
- Gross misdemeanor offenses are ineligible for automatic expungement if deemed a misdemeanor pursuant to 609.13, subd. 2.
What if my offense started as a felony, but was later deemed a misdemeanor after a stay of imposition?
- Felony offenses deemed to be a gross misdemeanor pursuant to section 609.13, subd. 1 remain ineligible.
The following misdemeanor offenses are NOT eligible:
- 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

Gross Misdemeanor Offenses

Waiting period: 4 years
What if my offense started as a gross misdemeanor, but was sentenced as a misdemeanor or later deemed a misdemeanor after a stay of imposition?
- Gross misdemeanor offenses are ineligible for automatic expungement if deemed a misdemeanor pursuant to 609.13, subd. 2.
What if my offense started as a felony, but was sentenced as a gross misdemeanor?
- Felony offenses deemed to be a gross misdemeanor pursuant to section 609.13, subd. 1 remain ineligible.
The following gross misdemeanor offenses are NOT eligible:
- 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

Felony offenses are ineligible for an automatic expungement

What if my offense started as a felony, but was sentenced as a gross misdemeanor or was later deemed a misdemeanor after a stay of imposition?
- Felony offenses deemed to be a gross misdemeanor pursuant to section 609.13, subd. 1 remain ineligible.

When does the “waiting period” begin?

The waiting period begins when the disposition or sentence is discharged. Typically, that will be the date that you were discharged from probation.

If my prior offense doesn’t qualify for automatic expungement, can I still get it expunged?

Yes, the current petition process remains in place. That process has been in place since 2014 and is governed by Minnesota Statutes section 609A. Automatic expungement is more limited than the current petition process, so there may be many cases that do not qualify for automatic expungement but may be expunged under the petition process.

Need help petitioning for expungement? Contact us, we can help. Call us at 612-999-6171, email us at contact@johnsonericksonlaw.com, or fill out the contact form.

Does expungement seal or remove all record of my prior offense?

No, your record is sealed from the public, however for public safety concerns it is still accessible in certain contexts. Courts, prosecutors, and law enforcement agencies still have access to expunged record data. Also, an expunged record of conviction will be disclosed for the purposes of a background study by DHS and other licensing boards and agencies if required. In any subsequent prosecution of a person granted expungement relief, the expunged criminal record has the same effect as if the relief was not granted (e.g. prior DWIs and domestic offenses will still be used for enhancement).

Who actually decides whether my prior offense is expunged under the Clean Slate Act?

The Minnesota Bureau of Criminal Apprehension (BCA) is responsible for maintaining records and processing automatic expungements. The BCA is required to notify each arresting and citing law enforcement agency for which that expungement relief was granted. Also, the prosecuting attorney shall notify victims under the manner provided in 611A.03, subd. 1 and 2.