Minnesota Clean Slate

December 16th, 2024 | Chris Christian, Director of Compliance

The Minnesota Clean Slate Act is set to take effect on January 1^st, 2025. The new law will automate the expungement of eligible criminal offenses and expand the list of qualifying offenses that are eligible for the current petition-based expungement process. Minnesota joins the growing list of other states which aim to automatically seal or expunge certain criminal records under qualifying conditions.

Qualifying Criteria for Expungement

The Clean Slate law establishes the following eligibility criteria for qualifying automatic expungement:

• Upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for the possession of a controlled substance; or
• If all pending actions or proceedings were resolved in favor or the person.
• If the person has successfully completed the terms of a diversion program or stay of adjudication for a qualifying offense that is not a felony and has not been petitioned or charged with a new offense, other than an offense that would be a petty misdemeanor in Minnesota:
  • For one year immediately following completion of the diversion program or stay of adjudication; or
  • For one year immediately preceding a subsequent review performed pursuant to subdivision 5, paragraph (a).
• If the person was convicted of a qualifying offense;
• If the person has not been convicted of a new offense, other than a petty misdemeanor in Minnesota:
  • (i) during the applicable waiting period immediately following discharge of the disposition or  sentence for the crime; or
  • (ii) during the applicable waiting period immediately preceding a subsequent review performed pursuant to subdivision 5, paragraph (a); and
• The person is not charged with an offense, other than a petty misdemeanor in Minnesota at the time that the person reaches the end of the applicable waiting period or at the time for a subsequent review.

Qualifying Offenses & Waiting Periods

The law also includes a range of eligible offenses for offenses with required waiting periods.

Petty Misdemeanors (any petty misdemeanor offense other than those excluded)

Excluded Offenses: Traffic regulation relating to the operation or parking of motor vehicles

Waiting Period: 2 years since the discharge of the sentence for the crime.

Misdemeanor Offenses (any misdemeanor offense other than those excluded)

Excluded Offenses:

• Fourth degree driving while impaired
• Violation of an order for protection
• Fifth degree assault
• Domestic assault
• Interference with privacy
• Violation of harassment restraining order
• Interference with emergency call
• Obscene or harassing phone calls
• Indecent exposure
• Violation of domestic abuse no contact order

Waiting Period: 2 years since the discharge of the sentence for the crime.

Gross Misdemeanor Offenses (any gross misdemeanor offense other than those excluded)

Excluded Offenses:

• Reckless driving resulting in great bodily harm or death
• Second degree driving while impaired
• Third degree driving while impaired
• Violation of an order for protection
• Criminal vehicular operation
• Fourth degree assault
• Fifth degree assault
• Domestic assault
• Criminal neglect
• Fifth degree Criminal sexual conduct
• Malicious punishment of a child
• Escape from custody
• Tampering with witness
• Fourth degree burglary
• Interference with privacy
• Violation of a harassment restraining order
• Harassment or Stalking
• Interference with emergency call
• Indecent exposure
• Nonconsensual dissemination of private sexual images
• Violation of domestic abuse no contact order

Waiting Period: Three years since discharge of the sentence for the crime.

Felony Offenses (any felony offense eligible for expungement by petition other than those excluded)

Excluded Offenses:

• Third degree possession of a controlled substance
• Fourth degree possession of a controlled substance
• Escape from civil commitment for mental illness
• Third degree burglary; other than trespass
• Interference with privacy, subsequent violation or minor victim

Waiting Period: 4 years since the discharge of the sentence (felony violations of sec. 152.025) or 5 years since the discharge of the sentence for the crime.

Implementation

The Bureau of Criminal Apprehension (BCA) will be responsible for maintaining records and processing automatic expungements. The BCA will notify the judicial branch that expungement relief was granted through electronic means in real time or in the form of a monthly report. Records must be sealed 60 days after notice is sent unless additional information establishes that the records are not eligible for expungement.

Take-Aways

Employers who expect to see certain petty misdemeanors, misdemeanors and felony convictions in their background reports should expect to see a decrease in these types of records starting January 1, 2025. Employers should consider reviewing and updating their background screening policies and practices that may consider these types of records. Employers should also consider the impacts other clean slate laws have on certain types of criminal records that may no longer be available for consideration.

The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website:  https://www.sterlingcheck.com/resources/compliance-updates/

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