MN Clean Slate Law Updates

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MN Clean Slate Law Updates *

The Clean Slate Law was enacted on January 1st, 2025.

The agency responsible for expunging records (BCA) is behind. Please see the latest update below.

Please be sure to check your own record and ensure it is sealed before moving forward on applications. Information on how to check your record can be found below in the links.

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Most Recent Update

2/20/2025

BCA has released another update explaining in further detail what this testing process looks like which is explained below:

“The Clean Slate Act identified hundreds of offenses and/or dispositions (case outcomes) that could be expunged. Since 2023, in collaboration with the Minnesota Judicial Branch, the BCA has been working to identify all of those offenses and dispositions on more than 16 million criminal history records in the Criminal History System (CHS) so we could implement computer programming to automatically expunge (seal) affected records. In its simplest terms, the work to automatically expunge (seal) Clean Slate records goes like this:

  1. The BCA determines criteria to identify affected records in its Criminal History System (CHS) and writes computer programming to expunge the records. 

  2. The BCA and the Minnesota Judicial Branch test records in CHS and the court record system (MNCIS) to ensure the correct records are flagged to be expunged.

  3. The BCA provides records identified for expungement to the courts, which has 60 days to review and notify the BCA of any objections.

  4. For any records the courts do not object to, the BCA then automatically expunges them in the system.

The BCA finished the initial programming needed to expunge (seal) records in CHS in September 2024 and, over the past several months, has worked in partnership with the Minnesota Judicial Branch to test the new programming used to identify records to be expunged in CHS and by the courts.

These tests are a critical part of making sure that the automated process will work as expected, expunging only those records that qualify and, just as important, ensuring that records that should not be expunged for public safety reasons, remain visible to the public.

Why are the records still visible on the BCA criminal history website?

Unfortunately, the BCA and the courts have encountered a number of challenges during the testing process: 

  1. Each test is run against 16.6 million records and 16,827 statutes dating back to 1927. Due to the size and complexity of the data, each test run requires three weeks to finish, in part because the system must remain available to the public during testing.
    With each test, “bugs” are identified, which is the purpose of testing. These “bugs” must be fixed through additional computer programming, and then the three week testing process begins again.

  2. The Clean Slate Act affects nearly 100 years of criminal history records – from when they were kept on paper, to the state’s first computerized system in the 1990s, to CHS.

  3. The same is true of records held by the courts. Each new system came with improved rules for how data should be entered. As a result, accurate information in a record at the BCA may incorrectly flag as a mismatch to the court record. Every time this happens, the record must be manually reviewed to determine whether they are about the same person and incident. 

When will Clean Slate Act records be expunged?

While the BCA planned to complete testing and provide the records to the courts for its 60-day review by mid-March, it is now evident that it will take more time to ensure that additional programming and exhaustive testing is completed due to the extremely complex requirements and variables of the law.

The BCA understands that this will mean that Clean Slate-eligible records will remain visible in CHS for a span of months after the statute went into effect on Jan. 1. A notice has been placed on all records in CHS indicating that criminal history records may contain information that qualifies for automatic expungement under the Clean Slate Act.

Progress is being made, but we must take the time to ensure that all records are accurately expunged as required by the Clean Slate Act and that we do not expunge records that must remain available for important public safety purposes. The BCA and the Judicial Branch continue to collaborate as expeditiously as possible to meet the requirements of the law and plan to have an updated timeline in the near future.”


Source: https://dps.mn.gov/divisions/bca/bca-divisions/professional-services/expungements

Minnesota’s Clean Slate Law 2025

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

  • 2 year waiting period from discharge of sentence.

    All petty Misdemeanors are eligible 

    Exceptions: Traffic Violations

  • - 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

  • - 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

Frequently Asked Questions

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.

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.

Other Resources

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.

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.

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.

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 nonfelony stays of adjudication. Only non-felony stays are eligible for automatic expungement.