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Minnesota Expungement Laws: Clean Slate Act and Petition Guide

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 2, 20268 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 10 primary sources cited on this page. How we verify our legal content

Minnesota Expungement Laws: Clean Slate Act and Petition Guide

Minnesota provides two distinct pathways to seal criminal records: automatic expungement through the Clean Slate Act (Minn. Stat. § 609A.015) and petition-based expungement under Minn. Stat. § 609A.02, each governed by different eligibility rules, waiting periods, and procedural requirements. Minn. Stat. ch. 609A

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Minnesota state expungement law only. For a comparison across all 50 states, see Expungement Laws by State.

Minnesota's Two Expungement Pathways

Minnesota law establishes two separate mechanisms for sealing criminal records, and understanding which applies to a specific case determines the process, timeline, and burden of proof involved. The first pathway is automatic expungement, created by the Clean Slate Act (Laws 2023, ch. 52, codified at Minn. Stat. § 609A.015). Under this pathway the BCA identifies eligible records without any action by the individual and seals them after a statutory 60-day review period. The second pathway is petition-based expungement under Minn. Stat. § 609A.02 and § 609A.03, which requires filing a formal petition with the district court, serving all affected agencies, attending a hearing, and obtaining a judicial order. The petition pathway covers offenses not reached by the automatic process and allows individuals to seek relief from a broader but still defined list of qualifying offenses. Both pathways produce a sealed record, not a destroyed one; Minnesota Statute § 609A.01 expressly limits the available remedy to sealing and prohibits destruction of records.

The Clean Slate Act: Automatic Expungement Under § 609A.015

The Clean Slate Act took effect January 1, 2025, and covers the largest volume of Minnesota criminal records ever addressed by a single expungement law. The BCA finished programming its Criminal History System in September 2024, completed testing with the Minnesota Judicial Branch in March 2025, began sending eligible records to courts on April 21, 2025, and commenced automatic sealing on June 20, 2025. By July 14, 2026, the BCA had expunged approximately 1.89 million of 2.03 million eligible records, with about 107,800 still under judicial review, for an overall 98.5 percent completion rate. Under § 609A.015, subd. 1, records are automatically eligible when all charges were dismissed after filing, the case was dismissed under the drug diversion statute (§ 152.18), or all actions were resolved in the person's favor. Subdivision 3 covers convictions: petty misdemeanors and misdemeanors require a 2-year waiting period after sentence discharge with no new convictions; gross misdemeanors require 3 years; drug felonies under § 152.025 require 4 years; and most other qualifying felonies require 5 years. At the felony level the automatic track is narrower than those waiting periods suggest, because § 609A.015, subd. 3(b) defines a qualifying felony as one listed in § 609A.02, subd. 3, paragraph (b), minus five further exclusions. No application, petition, or motion is required. The BCA acts on its own identification of eligible records and notifies the judicial branch. Under § 609A.015, subd. 5(c), records are sealed 60 days after that notice is sent, unless an order of the judicial branch prohibits sealing or additional information establishes that the records are not eligible for expungement. The 60 days is a review window before sealing takes effect, not a performance deadline imposed on the courts: subd. 5(e) directs the judicial branch to seal the records upon notification from the BCA and sets no separate time limit of its own. Under a 2026 amendment (Laws 2026, ch. 70, effective May 5, 2026), if the BCA later determines a sealed record did not actually qualify for automatic expungement, it must unseal the record and notify the judicial branch to do the same.

hands typing on a laptop showing a blank application form

Petition-Based Expungement Under § 609A.02 and § 609A.03

For records not automatically reached by the Clean Slate Act, or for individuals who wish to accelerate relief, petition-based expungement remains available under Minn. Stat. § 609A.02. Subdivision 3 of that section lists eight categories of eligible petitioners, including those who were fully acquitted, completed diversion or a stay of adjudication with no new charges for one year, or were convicted of petty misdemeanors, misdemeanors, gross misdemeanors, or specific listed felonies after meeting the waiting periods set out in that subdivision. Those petition waiting periods track the Clean Slate Act at the misdemeanor levels, two years since discharge for a petty misdemeanor or misdemeanor under subd. 3(a)(3) and three years for a gross misdemeanor under subd. 3(a)(4), but they are shorter for felonies. Subdivision 3(a)(8) requires only four years since discharge of the sentence, with no new conviction, for a felony on the paragraph (b) list, and subd. 3(a)(6) sets the same four years for a felony violation of § 152.025. The automatic track reaches only felonies on that same paragraph (b) list and holds all of them except § 152.025 drug felonies to five years under § 609A.015, subd. 3(c). A petitioner with a listed felony conviction can therefore file a year before automatic relief would reach the record, which is the main reason to petition rather than wait. Subdivision 3(a)(7) covers a felony that is deemed to be for a gross misdemeanor or misdemeanor under § 609.13, subd. 1(2), and splits the same way: four years if the offense is on the paragraph (b) list, five years for any other offense. The 53 eligible felony offenses listed in § 609A.02, subd. 3(b) include drug possession under §§ 152.023 through 152.025, fraud and forgery offenses under §§ 609.63 and 609.625, possession of shoplifting gear and receiving stolen goods under §§ 609.521 and 609.53, and financial crimes under §§ 609.821 and 609.822, among others. One absolute exclusion applies to all petition cases: convictions requiring registration as a predatory offender under § 243.166 cannot be expunged. The petition is filed in the district court where the conviction occurred, signed under oath, and must include the petitioner's full name, aliases, date of birth, addresses since the offense, the criminal history, and a statement of rehabilitation steps taken. The petitioner pays the filing fee under § 357.021, subd. 2, though fee waivers are available for indigent filers and are mandatory only for petitions under § 609A.02, subd. 3, paragraph (a), clause (1) (cases resolved in the petitioner's favor). After filing, the petitioner must serve the petition on the prosecutor and all affected agencies; a hearing may not occur sooner than 60 days after service. For petitions based on a favorable resolution of charges or a completed diversion program or stay of adjudication (§ 609A.02, subd. 3, paragraph (a), clauses (1) and (2)), the court must grant the petition unless an agency proves by clear and convincing evidence that public safety interests outweigh the petitioner's interests, a burden that shifts to the government. For the conviction-based categories under subd. 3, the default standard applies instead: the petitioner bears the burden of proving by clear and convincing evidence that expungement would yield a benefit commensurate with the disadvantages to public safety.

a clipboard with a blank petition form and a pen

Cannabis Expungement: Automatic Relief and Board Review Under § 609A.055 and § 609A.06

The 2023 Adult-Use Cannabis Act created a separate automatic expungement track for cannabis-related records that operates alongside the Clean Slate Act. Under Minn. Stat. § 609A.055, the BCA automatically seals records involving cannabis offenses under § 152.027, subds. 3 or 4, covering possession of small amounts of cannabis that became legal after August 1, 2023, without any petition or application. The BCA completed this initial round of cannabis expungements on May 13, 2024, sealing 57,780 records in the Criminal History System. The BCA conducted a follow-up review in 2025 for records that were still in court processing during the 2024 run. Felony-level cannabis convictions that do not qualify for automatic relief are addressed through a separate process under § 609A.06, which established the Cannabis Expungement Board, a five-member panel including a designee of the chief justice, the attorney general's designee, a public defender appointed by the governor, the corrections commissioner's designee, and one public member with relevant experience. The board holds monthly public meetings, reviews individual cases, and presumes expungement is in the public interest unless clear and convincing evidence shows a public safety risk. Once the board identifies an eligible case, the district court issues an expungement or resentencing order. Board Executive Director James Rowader has noted the full review could take several years given the volume of individual determinations required.

a printed map of the United States with small colored pins

What Minnesota Expungement Does and Does Not Do

Understanding the limits of expungement is as important as understanding how to obtain it. Minnesota Statute § 609A.01 restricts the remedy to sealing records and explicitly prohibits destroying them or returning them to the subject. A sealed record is no longer visible to the public in the BCA's Minnesota Criminal History System or in court records, and employers and landlords conducting standard background checks will not see it. Under § 609A.04, any government entity that knowingly opens or exchanges an expunged record outside of authorized purposes is subject to a civil action under Minn. Stat. § 13.08. However, § 609A.03, subd. 7a preserves access for criminal justice agencies conducting investigations, prosecutions, or sentencing; for background studies under § 245C.08 in licensed human-services settings; and for teacher background checks under § 122A.18, subd. 8. DNA samples held by the BCA cannot be sealed or destroyed regardless of expungement. A conviction for a crime of violence also carries a lifetime firearm prohibition under Minnesota law, not merely federal law: § 624.713, subd. 1(2) bars possession for life, and § 609.165, subd. 1a requires the order of discharge itself to state that ban. Sealing the record does not lift it. The state route to restoration is a separate petition under § 609.165, subd. 1d, which asks a court to restore the ability to possess, receive, ship, or transport firearms on a showing of good cause after release from physical confinement; § 624.713, subd. 1(2) also recognizes a federal relief of disability under 18 U.S.C. § 925 as lifting the state ban. Expungement under Minnesota law does not affect records held by other states or by federal agencies; individuals with out-of-state or federal records must pursue relief in the applicable jurisdiction or contact the FBI directly.

Legal information notice: This article provides general legal information about Minnesota expungement law, verified against official sources as of May 29, 2026. It does not constitute legal advice and does not create an attorney-client relationship. Expungement eligibility is fact-specific. Consult a licensed Minnesota attorney for advice about your individual situation.

Sources

The statutes and government agency pages cited throughout this article are the primary sources for the information presented here; all citations link directly to official Minnesota government domains.

Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026.

More Minnesota Laws

Frequently Asked Questions

How do I know if my record was automatically expunged under the Clean Slate Act?

You can request your own criminal history record from the BCA at any time through the BCA data request system. As of July 2026, the BCA had completed roughly 98.5 percent of eligible Clean Slate expungements. If your record shows a notation indicating expungement relief was granted, the sealing is in effect. If your record was eligible but not yet processed, the BCA's review is ongoing.

What is the waiting period to expunge a felony in Minnesota?

It depends on which track you use, and the two tracks are not the same. For automatic Clean Slate expungement under Minn. Stat. § 609A.015, the waiting period is 4 years after sentence discharge for drug felonies under § 152.025 and 5 years for every other qualifying felony, with no new convictions during that time; the automatic track reaches only the felonies listed in § 609A.02, subd. 3, paragraph (b). Petition-based expungement is a year faster for those same listed offenses: § 609A.02, subd. 3(a)(8) requires 4 years since discharge of the sentence for a felony on the paragraph (b) list, and subd. 3(a)(6) requires 4 years for a § 152.025 felony. A felony that is deemed to be for a gross misdemeanor or misdemeanor under § 609.13, subd. 1(2) can be petitioned after 4 years if the offense is on the paragraph (b) list and 5 years for any other offense, under subd. 3(a)(7).

Can I expunge a DUI or DWI conviction in Minnesota?

No DWI conviction qualifies for automatic expungement, but many are eligible by petition. Section 609A.015, subd. 3(b) expressly excludes misdemeanor fourth-degree DWI (§ 169A.20 as described in § 169A.27) and gross misdemeanor second- and third-degree DWI (§§ 169A.25 and 169A.26), and the automatic felony track reaches only offenses listed in § 609A.02, subd. 3, paragraph (b), which contains no chapter 169A offense. The petition statute has no DWI carve-out: § 609A.02, subd. 3(a)(3) and (4) authorize a petition for any petty misdemeanor or misdemeanor conviction after 2 years since discharge and any gross misdemeanor conviction after 3 years, so misdemeanor and gross misdemeanor DWI convictions can be petitioned, subject to the petitioner's clear-and-convincing burden under § 609A.03, subd. 5(a). Felony DWI under § 169A.24 is not on the paragraph (b) list, so it is reachable only where the conviction is deemed to be for a gross misdemeanor or misdemeanor under § 609.13, subd. 1(2), which § 609A.02, subd. 3(a)(7) allows after 5 years. The only absolute bar in the chapter is § 609A.02, subd. 4, for offenses requiring registration under § 243.166. Consult a licensed Minnesota attorney about any specific DWI record.

Does a Minnesota expungement clear my record with employers?

After expungement, most private employers conducting background checks through standard databases will not see the sealed record. However, certain licensed professions, including positions involving direct contact with vulnerable adults or children under § 245C.08, may still access the sealed record. The expungement does not affect records held by federal agencies or other states.

How long does the Minnesota petition expungement process take?

The Minnesota Courts self-help materials estimate the full process takes at least 4 to 6 months. By statute the court cannot schedule a hearing sooner than 60 days after service, though the Minnesota Judicial Branch's own guidance tells petitioners to expect a hearing no earlier than about 63 days to account for mail service. Following the hearing, the judge has up to 90 days to issue a decision, and the expungement order is automatically stayed for another 60 days to allow appeals before it takes effect.

Are marijuana or cannabis convictions automatically expunged in Minnesota?

Many cannabis possession records were automatically expunged by the BCA under Minn. Stat. § 609A.055, with 57,780 records sealed by May 2024. These covered offenses under § 152.027, subds. 3 and 4 that became legal after August 1, 2023. Felony cannabis convictions are reviewed individually by the Cannabis Expungement Board under § 609A.06, a process expected to take several years.

What records can never be expunged in Minnesota?

Convictions that require registration as a predatory offender under Minn. Stat. § 243.166 cannot be expunged under any Minnesota pathway. This exclusion applies to both the petition process under § 609A.02, subd. 4 and the automatic Clean Slate process. Domestic abuse violations, certain harassment crimes, and some violent offenses are also excluded from the automatic expungement track, though some of those convictions can still be petitioned under § 609A.02, subd. 3.

Do I need a lawyer to petition for expungement in Minnesota?

You are not required to hire an attorney to petition for expungement in Minnesota. The Minnesota Judicial Branch provides self-help resources, and Law Help Minnesota offers free legal assistance for eligible low-income individuals. Because the process involves court filings, agency service, a hearing, and judicial discretion on 12 statutory factors, many petitioners benefit from legal representation, particularly for felony-level cases.

Updates

Corrected the felony waiting periods (petition relief under § 609A.02 comes a year sooner than automatic relief for listed felonies), corrected the DWI answer to explain that misdemeanor and gross-misdemeanor DWI convictions can be petitioned even though no DWI qualifies for automatic sealing, clarified that Minnesota's lifetime firearm ban after a crime of violence is state law with a state restoration petition under § 609.165, subd. 1d, and fixed the description of the 60-day automatic-sealing review window.

Corrected the citation for who can still access a sealed Minnesota record (§ 609A.03, subd. 7a, not subd. 6), updated the BCA's Clean Slate completion statistics to its current published figures (about 98.5 percent, 1.89 million of 2.03 million records, as of July 2026), fixed a mischaracterized statute (609.521 covers shoplifting gear, not theft), added the Minnesota Judicial Branch's practical 63-day hearing guidance alongside the statutory 60-day minimum, and noted a 2026 amendment giving the BCA authority to correct erroneous automatic sealings.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Corrected two overgeneralized claims about petition-based expungement: the government-bears-the-burden standard and the mandatory fee waiver both apply only to petitioners whose charges were resolved in their favor or resulted from completed diversion, not to the conviction-based categories that make up most of the eligible offense list.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Minn. Stat. § 609A.015 (Clean Slate Act automatic expungement)(revisor.mn.gov).gov
  2. Minn. Stat. § 609A.02 (Grounds for expungement petition)(revisor.mn.gov).gov
  3. Minn. Stat. § 609A.03 (Petition procedure and court standards)(revisor.mn.gov).gov
  4. Minn. Stat. § 609A.055 (Automatic expungement of cannabis offenses)(revisor.mn.gov).gov
  5. Minn. Stat. § 609A.06 (Cannabis Expungement Board)(revisor.mn.gov).gov
  6. Minn. Stat. § 609A.01 (Chapter scope and remedy definition)(revisor.mn.gov).gov
  7. BCA Clean Slate Act implementation status and progress data(dps.mn.gov).gov
  8. BCA Adult-Use Cannabis Act automatic expungements complete (May 2024)(dps.mn.gov).gov
  9. Minnesota Courts criminal expungement FAQs(mncourts.gov).gov
  10. Minn. Laws 2026, ch. 70 (H.F. 3827) -- BCA correction/unsealing authority added to § 609A.015, subd. 5(revisor.mn.gov).gov
  11. Minn. Stat. § 624.713, subd. 1(2) (lifetime firearm prohibition after a crime of violence)(revisor.mn.gov)
  12. Minn. Stat. § 609.165, subds. 1a and 1d (discharge order firearm ban; petition to restore firearm rights)(revisor.mn.gov)
  13. Minn. Stat. § 609.13, subd. 1(2) (when a felony conviction is deemed to be for a misdemeanor)(revisor.mn.gov)
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