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Minnesota Clean Slate Law: Automatic Expungement (2026)

Clean Slate Act (Laws 2023, chapter 52, article 7, section 12, codified at Minn. Stat. § 609A.015; amended 2023, 2024, 2025 and 2026); related automatic cannabis expungement under § 609A.055 (Adult-Use Cannabis Act, Laws 2023, chapter 63)

Last updated: (official sources checked)Operating

Quick Answer

Minnesota's Clean Slate Act has automatically expunged (sealed) eligible records since the Bureau of Criminal Apprehension began processing in June 2025 — about 1.99 million records by September 2026. Covered: dismissals and cases resolved in your favor, completed diversion after 1 year, petty and regular misdemeanors 2 years after the sentence is discharged, gross misdemeanors after 3 years, fifth-degree drug possession felonies after 4 years, and other listed felonies after 5 years.

DWI, domestic assault, protection-order violations and many other offenses are excluded, and a new conviction or pending charge blocks relief. You will not be notified; search the BCA's public criminal history site or request your full record. If you don't qualify automatically, you can petition the district court.

Is it operating yet?

Operating. The BCA began automatically expunging records in its Criminal History System in June 2025. As of September 8, 2026, the BCA reports 2,066,452 potentially eligible records, 1,991,758 records expunged (sealed) and 33,412 under Minnesota Judicial Branch review (98.002% sealed or in final review). About 5,000 historical records require manual review, expected to be finished before the end of 2026. Newly eligible records go through the same process on an ongoing basis: the BCA sends them to the Judicial Branch, which has 60 days to object.

Sources: Minnesota BCA — Expungements (Clean Slate Act status page) (The Clean Slate Act; How does the expungement process work?; Clean Slate Act records expungements table header; Clean Slate Act records expungements table; +3 more); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 5(a))

The law

Enacted in 2023 (Laws 2023, ch. 52, art. 7, sec. 12); effective January 1, 2025, applying to offenses that meet eligibility on or after that date and retroactively to qualifying offenses stored in the BCA criminal history system as of January 1, 2025. Laws 2026, ch. 70, sec. 5 (signed May 5, 2026; no special effective date, so effective August 1, 2026 under § 645.02) added a rule that the BCA must unseal a record it later determines did not qualify and notify the courts, which then unseal their records.

Sources: Laws of Minnesota 2023, chapter 52 (Art. 7, Sec. 12 ([609A.015]), EFFECTIVE DATE); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, NOTE following History; Law-change banner above § 609A.015 text); Laws of Minnesota 2026, chapter 70 (H.F. 3827) (Sec. 5; Sec. 5, new 609A.015, subd. 5(f); Enactment notes); Minn. Stat. § 645.02 (Effective date and time of laws) (§ 645.02)

What automatic expungement does

A "grant of expungement relief": the BCA seals its own records without any application, petition or motion; the courts then seal the related court records, and notified law-enforcement agencies may not disclose them. Records are sealed, not destroyed, and remain available to criminal justice agencies and in later prosecutions.

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a); § 609A.015, subd. 5(c)); Minn. Stat. § 609A.01 (Expungement of criminal records) (§ 609A.01)

Records covered and waiting periods

Dismissed cases and cases resolved in the person's favor (adult or delinquency records)

Waiting period
None
Conditions
All charges dismissed after a case was filed (not for incompetency), or all proceedings resolved in the person's favor; not guilty by reason of mental illness does not count.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a); § 609A.015, subd. 1(a)(1); § 609A.015, subd. 1(a)(3); § 609A.015, subd. 1(b))

Drug-possession cases dismissed and discharged under § 152.18

Waiting period
None
Conditions
Dismissal and discharge under § 152.18, subd. 1 for possession under §§ 152.024, 152.025 or 152.027.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 1(a)(2))

Completed diversion or stay of adjudication (non-felony)

Waiting period
1 year after completion
Conditions
Successfully completed; no new charge or petition (other than a petty misdemeanor) in Minnesota during that year.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 2(a))

Petty misdemeanor and misdemeanor convictions (non-excluded)

Waiting period
2 years after discharge of the sentence
Conditions
No new Minnesota conviction (other than a petty misdemeanor) during the waiting period and no pending charge at its end; traffic/parking petty misdemeanors are not covered.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(a)(1)-(2); § 609A.015, subd. 3(a)(3); § 609A.015, subd. 3(b)(1); § 609A.015, subd. 3(c)(1)-(3))

Gross misdemeanor convictions (non-excluded)

Waiting period
3 years after discharge of the sentence
Conditions
Same no-new-conviction and no-pending-charge conditions.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(3)(i)-(iii); § 609A.015, subd. 3(c)(1)-(3))

Felony 5th-degree controlled substance (§ 152.025)

Waiting period
4 years after discharge of the sentence
Conditions
Same no-new-conviction and no-pending-charge conditions.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(c)(4)-(5))

Other felonies listed in § 609A.02, subd. 3(b) (minus five carve-outs)

Waiting period
5 years after discharge of the sentence
Conditions
Same no-new-conviction and no-pending-charge conditions.

Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(4)(i)-(ii); § 609A.015, subd. 3(b)(4)(iii)-(v); § 609A.015, subd. 3(c)(4)-(5))

Non-felony cannabis convictions and cannabis dismissals (§ 609A.055, Adult-Use Cannabis Act)

Waiting period
None
Conditions
Convictions or stayed sentences under § 152.027, subd. 3 or 4, and certain cannabis charges dismissed or resolved in the person's favor; BCA sealed these records in May 2024.

Sources: Minn. Stat. § 609A.055 (Automatic expungement of certain cannabis offenses) (§ 609A.055, subd. 1(a)(2); § 609A.055, subd. 3(a)); Minnesota BCA — Expungements (Clean Slate Act status page) (The Adult-Use Cannabis Act)

Not cleared automatically

  • Misdemeanors excluded: 4th-degree DWI; violation of an order for protection; 5th-degree assault; domestic assault; interference with privacy; harassment restraining order violation; interference with emergency call; obscene or harassing calls; indecent exposure; violation of a domestic abuse no-contact order.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(2)(i)-(iv); § 609A.015, subd. 3(b)(2)(v)-(x))

  • Gross misdemeanors excluded include reckless driving causing great bodily harm or death, 2nd- and 3rd-degree DWI, criminal vehicular operation, 4th- and 5th-degree assault, domestic assault, criminal neglect, 5th-degree criminal sexual conduct, malicious punishment of a child, escape, witness tampering, 4th-degree burglary, harassment/stalking, indecent exposure and nonconsensual dissemination of private sexual images.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(3)(i)-(iii); § 609A.015, subd. 3(b)(3)(v)-(x); § 609A.015, subd. 3(b)(3)(xi)-(xvii); § 609A.015, subd. 3(b)(3)(xviii)-(xxi))

  • Felonies not listed in § 609A.02, subd. 3(b) are not covered; among listed felonies, 3rd- and 4th-degree possession, escape from civil commitment, 3rd-degree burglary (other than trespass) and repeat/minor-victim interference with privacy are carved out.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(b)(4)(i)-(ii); § 609A.015, subd. 3(b)(4)(iii)-(v))

  • A new Minnesota conviction (other than a petty misdemeanor) during the waiting period, or a pending charge when the waiting period ends, blocks relief; the BCA re-checks annually.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(a)(1)-(2); § 609A.015, subd. 3(a)(3))

  • Felonies reduced to gross misdemeanors or misdemeanors under § 609.13, subd. 1 remain ineligible.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 3(d))

  • Automatic orders do not apply to records held by the commissioners of children, youth, and families; health; and human services.

    Source: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subds. 1(d), 2(c), 3(f))

How to check whether your record was cleared

Who can still see a cleared record

If automatic relief does not cover your record

If automatic relief does not apply (excluded offense, felony not covered, a new conviction, records held by human services/health agencies, or to block visibility in other states), a person may petition the district court under §§ 609A.02–609A.03; a prosecutor may also agree to sealing without a petition (§ 609A.025).

Sources: Minnesota BCA — Expungements (Clean Slate Act status page) (The Clean Slate Act; National Crime Prevention and Privacy Compact); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 4(c)(2)); Minn. Stat. § 609A.025 (No petition required with prosecutor agreement) (§ 609A.025(a))

Minnesotaexpungement and sealing guide — every route by record type →

Official links

Frequently Asked Questions

Do I have to apply to get my record cleared under Minnesota's Clean Slate Act?
No. For records that qualify, the BCA grants expungement and seals its records without an application, petition or motion, and the courts then seal their related records. The BCA does not have contact information for people in its system and cannot notify you.

Sources: Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 5(c); § 609A.015, subd. 5(e)); Minnesota BCA — Expungements (Clean Slate Act status page) (Notifications)

How can I find out whether my record has been sealed?
Check your public record on the BCA Criminal History System website — sealed records disappear from public view. You can also submit a data request for your complete record, which shows whether part of it was sealed under the Clean Slate Act. For court records, contact the district court in the county where the case was filed.

Sources: Minnesota BCA Criminal History System — FAQ (How can I find out if my record qualifies for expungement under the Clean Slate Act?); Minnesota BCA — Expungements (Clean Slate Act status page) (Records held by the Minnesota Judicial Branch)

Is Clean Slate actually working yet?
Yes. The law took effect January 1, 2025, and the BCA began automatically sealing records in June 2025. As of September 8, 2026, the BCA reported 1,991,758 of 2,066,452 potentially eligible records sealed, with about 5,000 harder historical records under manual review expected to finish before the end of 2026.

Source: Minnesota BCA — Expungements (Clean Slate Act status page) (The Clean Slate Act; How does the expungement process work?; Clean Slate Act records expungements table header; Clean Slate Act records expungements table; +1 more)

My record was sealed in Minnesota. Will other states and the FBI still see it?
Possibly. Under the National Crime Prevention and Privacy Compact, records sealed at the BCA remain visible in other states unless a petition is filed and a court orders the record sealed from view in other states.

Source: Minnesota BCA — Expungements (Clean Slate Act status page) (National Crime Prevention and Privacy Compact)

Can employers and landlords still see a sealed record?
Sealed records are not public, and Minnesota law says employers and landlords have no duty to discover or use an expunged record. But criminal justice agencies keep access, and automatic expungement does not reach records held for Department of Human Services, Children, Youth, and Families or Health background studies, or educator-licensing background checks.

Sources: Minn. Stat. § 609A.05 (No duty to discover; employers and landlords) (§ 609A.05); Minn. Stat. § 609A.015 (Automatic expungement of records) (§ 609A.015, subd. 5(f); § 609A.015, subd. 4(c)(1)); Minn. Stat. § 609A.03 (Petition to expunge criminal records) (§ 609A.03, subd. 7a(b)(1))

I am not a U.S. citizen. Should I do anything before or after my record is sealed?
Sealed records may still need to be reported to immigration agencies. The BCA will provide copies of your sealed records to you on request at any time, before or after sealing; the BCA also encourages consulting an immigration attorney.

Source: Minnesota BCA Criminal History System — FAQ (How do I access expunged records for immigration purposes?)

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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