In 2023, Minnesota became the twelfth state to enact “Clean Slate” legislation, which was supposed to offer automatic criminal expungements to over 500,000 Minnesotan residents. Many Minnesotans who were looking forward to, and depending on, the law’s enactment on January 1, 2025, however, are dishearteningly learning that the promises made with this new “Clean Slate” […]
In 2023, Minnesota became the twelfth state to enact “Clean Slate” legislation, which was supposed to offer automatic criminal expungements to over 500,000 Minnesotan residents. Many Minnesotans who were looking forward to, and depending on, the law’s enactment on January 1, 2025, however, are dishearteningly learning that the promises made with this new “Clean Slate” law are not being upheld by the State. There are significant delays in the processing due to “technical issues.” So, what does this delay mean for those hoping for the second chance they are entitled to?
What Are Criminal Expungements?
Before getting into the consequences of this delay, we must start with the basics. A criminal expungement is a legal process that seals an individual’s criminal record, removing it from public view. This includes records related to arrests, charges, convictions, and even dismissed cases. Criminal expungements aim to provide individuals with a second chance by eliminating the stigma associated with having a criminal record. This often leads to improved access to employment, housing, and educational opportunities – areas where a criminal record found during a background check can serve as a significant barrier.
In recent years, states have started to adopt “Clean Slate” legislation, which aims to automatically seal a criminal record if that offense meets certain eligibility requirements.
What is Minnesota’s Clean Slate Law?
The Minnesota Clean Slate law will automatically seal certain petty misdemeanor, misdemeanor, and gross misdemeanor records based on how it was resolved, whether the offense is eligible, and what kind of offense it is. Certain records must still be expunged through the petition process, such as DWIs, domestic assaults, indecent exposure, assaults, and similar type offenses.
Delays in Minnesota’s Clean Slate Law
While Minnesota’s clean slate legislation was supposed to take effect on January 1, 2025, the process of automatically expunging records will likely not begin until May 2025 – at the earliest.
The Minnesota Bureau of Criminal Apprehension (BCA), which is responsible for implementing the expungement process, has explained that the software used to analyze 16 million criminal records against 16,000 statutes has experienced “bugs” through its programming test runs. Software that has taken approximately 18 months to develop, now will take even longer, and unfortunately this delay means individuals who qualify for automatic expungement must wait longer before their record can be sealed. And while the State claims it’ll get it fixed by May, the State also didn’t have it ready to go after 1.5 years in the making. Here’s hoping the State gets its you-know-what together to rectify this issue immediately for the citizens it serves!
The Harsh Consequences of This Delay
For those awaiting expungement, these delays can have far-reaching consequences. A criminal record, even for minor offenses, can prevent individuals from securing stable employment or housing. This delay means that many Minnesotans will continue to face the prolonged consequences criminal records hold before they can receive a second chance.
Minnesota’s Clean Slate law is a landmark achievement in criminal justice reform, but its delayed implementation highlights the challenges of turning legislative promises into reality. As the State works through these challenges, the focus must remain on the people whose lives stand to be transformed by the promise of a clean slate.
Alternatively, if someone wishes to get it fixed immediately, you can still petition the Court to do so now, without waiting and trusting the State to do it. If you have been denied employment, housing, higher education or other opportunities because of your criminal record, contact North Star Law Group to see if your criminal record can be expunged.
