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The Adult-Use Cannabis Act requires automatic expungement of certain cannabis-related records from the BCA’s Criminal History System (CHS). All cannabis-related petty misdemeanor and misdemeanor records, along with felony level records that were dismissed or otherwise resolved in the person’s favor, have been expunged from CHS as of May 2024.

A Cannabis Expungement Board will review eligible felony cannabis-related convictions to determine whether the records meet the criteria identified in statute for expungement or resentencing.

Accessing Expunged Records for Immigration Purposes

• For immigration related benefits (such as obtaining visas, naturalization, international travel, and work authorization), expunged (sealed) records may need to be reported to immigration agencies.
• Keeping a copy of your criminal history record may be important.
• Please consult with an immigration attorney if you are a non-citizen with record that will be expunged under this provision.
• Individuals who may need copies of criminal history records that are eligible for expungement should request copies of those records.
• Individuals who may be subject to immigration proceedings are strongly encouraged to consult with an immigration attorney.
• Copies of expunged (sealed) criminal history records will be provided to the subject of the record upon request.
• Requests may be made at any time, including before or after the records are sealed.
• To obtain copies of your own Minnesota criminal history record for immigration purposes, submit a data request.

The Clean Slate Act requires automatic expungement (sealing) of certain records from a person’s BCA criminal history, eliminating the need to petition the court for an order sealing the record in most instances.  Other criminal history records may still require a petition and court order.

The BCA and the Minnesota Judicial Branch are working in partnership to complete programmatic changes on more than 16 million records in the Minnesota Criminal History System to seal records that are eligible for automatic expungement under the Clean Slate Act. Once testing and any required changes are complete, the BCA will provide the records to the Minnesota Judicial Branch, which has 60 days to review the records and identify any that they object to sealing. After that, all remaining eligible records will automatically seal. Progress is being made, but we must take the time to ensure that all records are accurately expunged as required by the Clean Slate Act and that we do not expunge records that must remain available for important public safety purposes. The BCA and the Judicial Branch continue to collaborate as expeditiously as possible to meet the requirements of the law and plan to have an updated timeline in the near future. In the meantime, all records in the BCA Criminal History System contain a notice indicating that criminal history records may contain information that qualifies for automatic expungement under the Clean Slate Act.

Individuals who may need copies of their own criminal history records that are eligible for expungement may request the records at any time, including before or after the records are sealed.  Copies of expunged (sealed) criminal history records will be provided to the subject of the record upon request. To obtain copies of your own Minnesota criminal history records, submit a data request.