2023 was a big year for Minnesota Legislation, including fresh changes and additions to Minnesota’s expungement laws. Expungement is the sealing of an individual’s criminal record, which prevents public access to the record absent a court order. Your criminal record includes charges you have been convicted of, as well as charges you faced that were dismissed.
In many cases, expungements give people a second chance by sealing certain records that have negatively impacted an individual’s chance at employment, housing, and/or education. Starting August 1, 2023 the timelines for expungement eligibility changed to the following:
- Immediately after dismissal or completion of a continuance for dismissal;
- 1 year after completion of a stay of adjudication or diversion program;
- 2 years after discharge from probation for a misdemeanor or petty misdemeanor conviction;
- 3 years after discharge from probation for a gross misdemeanor conviction; and
- 4 years after discharge from probation for a felony conviction (if it is an expungement-eligible felony pursuant to Minn. Stat. § 609A.02, subd. 5)
Additionally, with the recent legalization of marijuana and its recreational use comes automatic expungements for certain cannabis offenses. Since August 1, 2023, Minnesota Statute § 609A.055 has now placed the burden on the Bureau of Criminal Apprehension to grant expungement relief to qualifying individuals with certain cannabis offenses, and to notify the related judicial branch without requiring a formal proceeding.
The New Year is a great time to start taking the steps necessary to expunge your criminal record. If you believe you are eligible and would like to pursue an expungement of your criminal record, please call our office at 763-421-6366 to consult with an attorney today.