February 6, 2025
Minnesota’s Clean Slate Act took effect on January 1. According to the Act, it will automatically seal eligible crimes. These crimes include some misdemeanors, gross misdemeanors, and petty misdemeanors.
However, some records will not qualify for the automatic seals under Minnesota’s Clean Slate Act. Individuals wishing to expunge eligible records must undergo the petition process in these cases. Regardless of how individuals seal their records, the information does not disappear completely; instead, it becomes hidden from the public.
Sealing these records can improve an individual’s life, such as improving employment and housing opportunities. However, state officials warned that it would take some time to determine the eligibility of specific records. They explained that courts have millions of records to examine.
In December, the Bureau of Criminal Apprehension (BCA) reportedly determined it impossible to meet the January 1, 2025 deadline. The report described the challenges of sufficiently correcting the discovered data issues and testing the system to ensure its accuracy within the timeline. Officials believed the BCA fixed most problems, though previous testing did not reveal all issues.
A spokeswoman for the Minnesota BCA commented on the challenges faced when expunging criminal records. As such, she admitted how the process proved more time-consuming than expected. One example of a time-consuming step concerned system testing, which proved to be a complicated but crucial first step. Due to these complications, the spokeswoman claimed the public could expect progress in expungements around mid-May.
Some advocates voiced displeasure about this delay. They argued how it would cause individuals with eligible records to continue to struggle. In their argument, they claimed background check reports included that these sealable criminal records would continue holding individuals back from obtaining employment or housing.
Advocates also pointed out the similarity of this setback to another. They claimed Minnesota also struggled with other attempts to implement Clean Slate legislation, such as Minnesota’s Adult-Use Cannabis Act. This Act expunged qualified marijuana-related criminal records. However, thousands of cases still appear in court records due to delays.
Despite these complications, Minnesota’s Clean Slate Act should improve employment and housing opportunities for many people. Those with eligible records could expect automatic expungements in May, though nothing requires them to wait for the automatic process. Employers can assist with second chances by focusing on criminal records relevant to an applicant’s position. The best way to start a second chance hiring program is to partner with a trusted background check company.
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