Expungements
Minnesota's Clean Slate Act Now Expunges Many Records Automatically. Here's What That Means.
Minnesota's Clean Slate Act (Minn. Stat. § 609A.015), effective January 1, 2025, automatically seals many lower-level, eligible criminal records after a crime-free waiting period - no petition required. The Bureau of Criminal Apprehension identifies eligible records and the judicial branch reviews them. It is a major shift, but it has real limits and exclusions.
What changed
For most of Minnesota's history, clearing a criminal record meant filing a petition - a court process that took time, money, and usually a lawyer. The result: only a small fraction of people who were eligible for expungement ever actually got one. The Clean Slate Act changed that.
Effective January 1, 2025, the Clean Slate Act (Minn. Stat. § 609A.015) requires that many eligible records be expunged automatically - without anyone filing a petition. The Bureau of Criminal Apprehension (BCA) identifies qualifying records, and the judicial branch gets a review window before the records are sealed. It is one of the largest expungement reforms in the state's history.
Which records are eligible
The Clean Slate Act reaches three broad categories of records: dismissals and other non-convictions, diversions and stays of adjudication, and certain convictions ranging from petty misdemeanors up through some lower-level, nonviolent felonies.
Eligibility depends on a crime-free waiting period after discharge of the sentence. For convictions, the waiting periods run roughly two years for petty misdemeanors and misdemeanors, three years for gross misdemeanors, four years for certain drug felonies under section 152.025, and five years for most other qualifying felonies (Minn. Stat. section 609A.015, subd. 3). Non-conviction records (dismissals and resolutions in the person's favor) can qualify without that conviction waiting period. The law is also retroactive: if you completed a qualifying sentence and the waiting period before the law took effect, your record may already be in the queue for automatic sealing.
Who is excluded
Automatic does not mean universal. More serious offenses are excluded - for example, offenses requiring predatory-offender registration are not eligible, and the legislature carved out certain other offenses (such as reckless driving resulting in great bodily harm or death, and certain burglary offenses). Some reduced offenses are also excluded - for instance, felonies reduced to gross misdemeanors and gross misdemeanors reduced to misdemeanors are not eligible for automatic sealing. (The full exclusion list is detailed; confirm a specific offense against Minn. Stat. section 609A.015 and the BCA Clean Slate fact sheet.)
On top of the statutory exclusions, the Minnesota Supreme Court issued an order on June 20, 2025 directing that the courts will only expunge a case where the ENTIRE case qualifies (not individual charges); will not expunge cases with a finding of incompetency or not guilty by reason of mental illness; and will not expunge cases that have a conviction with unpaid fines or fees, an active arrest warrant, or an active DANCO. These are important practical limits.
How the automatic process works
Under the automatic pathway, the BCA identifies records that meet the criteria and notifies the judicial branch, which then has a review period (60 days) to object or flag a record as ineligible before it is sealed. If no issue is raised, the record is sealed - without the person doing anything.
One catch worth knowing: the system is not built to individually notify every person whose record gets sealed. So you may not receive a letter telling you it happened. That makes it worth checking your own record rather than assuming.
What you should still do
Even with automatic sealing, there are good reasons to pay attention. First, confirm whether your record actually qualifies for the automatic process or still needs a petition - the petition pathway (Minn. Stat. § 609A.02-.03) still exists for records the automatic process does not reach. Second, if your record should have sealed but is still showing up, that is worth following up on.
And remember what expungement does and does not do: it seals the record rather than destroying it, and it does not automatically restore every right (firearm rights, in particular, follow their own process). If a record is holding you back from a job or housing, it is worth finding out exactly where you stand. This article is general information, not legal advice; eligibility depends on your specific record.
Questions people ask about minnesota's clean slate act now expunges many records automatically. here's what that means.
Do I need to file anything for Clean Slate expungement?
For records the automatic process reaches, no - the BCA identifies eligible records and they are sealed after a judicial review period, without a petition. Records the automatic process does not cover still require a petition under Minn. Stat. § 609A.02-.03.
What records does the Clean Slate Act cover?
Three broad categories: dismissals and other non-convictions, diversions and stays of adjudication, and certain convictions from petty misdemeanors up through some lower-level nonviolent felonies, after a crime-free waiting period. Serious offenses are excluded.
Will I be notified when my record is sealed?
Not necessarily. The system is not designed to individually notify every person whose record is automatically sealed, so it is worth checking your own record rather than assuming it happened.
Is the Clean Slate Act retroactive?
Yes. If you completed a qualifying sentence and the crime-free waiting period before the law took effect on January 1, 2025, your record may already be in the queue for automatic sealing.
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