In an effort to help individuals who have stayed out of trouble after a run-in with the law, Minnesota lawmakers have enacted a law that would automatically expunge certain offenses from an individual’s record after a set period of time.
The new law is part of the Clean Slate Act, which was passed in 2023. It allows individuals with certain convictions to have their records expunged if they meet a relatively low criteria. We take a closer look at the act and what you need to do to qualify for automatic expungement in today’s blog.
Who Qualifies For Automatic Expungement?
Here’s a look at the criteria to qualify for automatic expungment under the Clean Slate Act in Minnesota. A person would be eligible:
- If person was arrested and all charges were dismissed after a case was filed unless dismissal was based on a finding that the defendant was incompetent to proceed; or
- If all pending actions or proceedings were resolved in favor of the person; or
- The person successfully completed the terms of a diversion program or stay of adjudication and has not been petitioned or charged with another offense, other than an offense that would be a petty misdemeanor, for one year immediately following completion of the diversion program or stay of adjudication; or
- The person was adjudicated delinquent for, convicted of, or received a stayed sentence for a qualifying offense; and
- The person has not been convicted of a new offense, other than an a petty misdemeanor, in Minnesota during the application waiting period immediately following discharge of the disposition or sentence for the crime; and
- The person is not charged with an offense in Minnesota at the time the person reaches the end of the applicable waiting period.
In other words, individuals could have their petty, misdemeanor and gross misdemeanor charges automatically expunged if the charges were dismissed or the individual successfully completed a diversion program or stay of adjudication, and they stayed out of additional trouble during the waiting period to qualify for automatic expungment. For petty misdemeanor and misdemeanor offenses, the waiting period is two years, and for gross misdemeanors, the waiting period is four years.
Not All Crimes Qualify
Not every criminal charge qualifies for automatic expungment even if the individual meets the above criteria. Here’s a look at which crimes are not eligible for automatic expungement based on their offense classification:
Petty Misdemeanor
- All petty misdemeanors qualify except those involving traffic regulation relating to
the operation or parking of motor vehicles.
Misdemeanor
- Fourth degree driving while impaired
- Violation of an order for protection
- Fifth degree assault
- Domestic assault
- Violation of a harassment restraining order
- Interference with emergency call
- Obscene or harassing phone calls
- Indecent exposure
- Interference with privacy
- Violation of domestic abuse no contact order
Gross Misdemeanor
- Second degree driving while impaired
- Third degree driving while impaired
- Violation of an order for protection
- Fourth degree or 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
The automatic expungement will not begin until 2025, but if you already meet the criteria for automatic expungement, you don’t need to wait. You can petition to have your criminal record sealed by following this link, or you can connect with a lawyer for individualized assistance. For help in the greater Twin Cities area, or for assistance with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
