Minnesota Expungement | Clean Slate Law Minnesota

Written by: Eagle Eye Screening Solutions

The Minnesota Clean Slate Act of 2023 establishes the automatic expungement of certain criminal records, effective January 1, 2025. This replaces many of the petition-based expungements that are available today.

Automatic expungement applies to arrests that resulted in no conviction, a diversion program, or a stay of adjudication. Some misdemeanor and felony convictions will be automatically expunged as well. DUIs, sexual crimes, and violent crimes are ineligible. There is a waiting period of two to five years depending on the level of offense.

A slightly wider range of offenses will continue to be eligible for the expungement by petition that exists today.

The Minnesota laws that legalized recreational cannabis directed the automatic expungement of many previous cannabis convictions. This took place in May 2024.

Minnesota is a ban-the-box state for both public and private employers. An employer may not ask about an applicant’s criminal record until the applicant has been chosen for an interview or a conditional job offer has been extended. There is an exception for occupations such as teaching where background checks are required by law.



Minnesota employers must abide by the Fair Credit Reporting Act (FCRA) rules, which require written consent for a background check and limit the look-back period in some cases. The cities of Minneapolis and St. Paul specify additional rules for public sector employers, including procedures for informing the applicant and allowing rebuttal.

A Minnesota expungement is an order from a court that hides a criminal record from public view. The record is still available to courts and law enforcement agencies.

In addition to the automatic expungement that will begin in 2025, there are several ways an individual can petition for expungement. They may apply with the Attorney General’s office or bring a petition to the court where the conviction took place. Agencies may support the petition, oppose it, or offer no opinion, but the ultimate decision on granting expungement is up to the court.

Records that have been expunged will usually no longer be available to CRAs. When automatic expungement begins, the number of these hidden records is expected to increase. Should they find them, CRAs should avoid reporting these records to employers.

Effective in 2025, the Minnesota Clean Slate Act will affect the automatic expungement of certain criminal records, including arrests without conviction and some misdemeanor and felony convictions. This will in large part replace expungement by petition that exists today. However, petition-based expungement will continue to be available for a wider variety of criminal records.