Last year, we noted that the Minnesota Clean Slate Act was poised to go into effect on January 1, 2025. The act promised to automatically expunge a number of low-level offenses for individuals who have continued to stay out of trouble since their initial run-in with the law. However, state officials are now saying that it will take several more months before all the potential criminal matters are reviewed and expunged if eligible. This is leaving many advocates of the Clean Slate Act to feel like they’ve been misled. It’s also hurting those who stand to benefit from a fresh start with the help of an automatic expungement.
“These individuals have already paid their debt to society, and they’ve also remained law abiding citizens for years in order to be eligible for the program, yet they are still being shut out from what they were promised,” said Avery Appelman, a criminal defense attorney with Appelman Law Firm. “These people should be getting a new lease on life, and instead they are being unfairly punished because of bureaucratic issues.”
Jill Oliveira, a spokeswoman for the Minnesota Bureau of Criminal Apprehension (BCA), told the Star-Tribune that the process of expungement has proven more time-consuming than expected.
“Actual expungement will take place in mid-May because of the complexity of system testing that must be done first,” she said in an email. “Each programming test runs against 16 million records and 16,000 statutes. Once that is completed in mid-March the courts have 60 days to review the records before they can actually be expunged.”
Many Frustrated By Delays
Minnesota became the 12th state to enact some form of a Clean Slate law when the measured first passed back in 2023. Despite having well over a year to prepare for the change, state officials were unable to develop a system that could appropriately handle what was to come. Now, upwards of 500,000 Minnesotans must continue to wait for their criminal records to be automatically adjusted. Without the expungements that were promised, many may continue to struggle to find employment or adequate housing due to concerns over their criminal history.
“It became apparent that to fix discovered data issues and adequately test the system to ensure accuracy, we could not meet the Jan. 1, 2025, effective date,” the Minnesota Bureau of Criminal Apprehension noted in a message on their website in mid-December.
Officials have stated that they are confident the most previously discovered “bugs” have been detected and resolved, but that’s little solace to those who should have a clean slate right now, but don’t.
We’re not going to be able to move your automatic expungement through the system any faster, but we are interested in getting you the justice you deserve, and hopefully we can help avoid a conviction on your record altogether. If you’re looking for an ally in a system that oftentimes leaves offenders feeling alone and isolated, consider connecting with Avery and the team at Appelman Law Firm. Give our team a call today at (952) 224-2277.
