Minnesota’s Clean Slate Act took effect on January 1. This law will automatically seal eligible misdemeanors, gross misdemeanors, and petty misdemeanors.
However, ineligible misdemeanors must go through the expungement petition process. Ineligible misdemeanors include domestic assaults, driving while intoxicated, and interference with privacy, among others. Individuals must understand that expungements do not erase these records but hide them from public view.
Expungements can improve an individual’s life through increased employment and housing opportunities. However, state officials have stated that it will take time to determine which records qualify for expungement. They explained that the courts will have millions of records to review for eligibility.
In December, the public learned that Minnesota’s Bureau of Criminal Apprehension (BCA) realized it could not meet the January 1, 2025 deadline imposed by Minnesota’s Clean Slate Act. Because the BCA found some problems in the system through previous test runs, officials believed they fixed most of them. However, the BCA explained that correcting the data issues found and sufficiently testing the system to ensure accuracy required more time than the deadline provided.
A spokeswoman for the Minnesota Bureau of Criminal Apprehension communicated that it is not easy to expunge criminal records, claiming the process proved more time-consuming than expected. She also said that impacted individuals could see expungements take place in mid-May. This timeframe is due to the complicated system testing the BCA must do before officially expunging records.
Some advocates complained that this delay would negatively impact thousands of individuals with eligible records. According to the advocates, individuals still waiting for expungement would continue struggling to obtain employment and housing. This struggle is because criminal records would continue to appear on background check reports. Advocates have also stated that this is not the only time the state has struggled to implement clean slate legislation fully. Minnesota’s Adult-Use Cannabis Act intended to expunge eligible marijuana-related criminal records. However, thousands of these cases remain available in court records.
Despite the delay for automatic expungements reaching May, Minnesota’s Clean Slate Act could improve employment and housing opportunities for many with eligible criminal records. However, employers can offer second-chance hiring without waiting for the Clean Slate Act’s automatic expungements. One way to improve hiring chances for those with criminal records is by considering records relevant to the applicant’s requested position. Working with a trusted background check company can also help employers ensure they receive accurate background reports.
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