Automatic expungement process in Minnesota is a long slow process: what to do if you can’t wait
In 2023, Minnesota enacted the Clean Slate Act, marking a significant shift in how criminal records—particularly for low-level offenses—are handled. Before this law, expungement required filing a petition with the court, a process involving complex paperwork, legal arguments, and strategic planning. The Clean Slate Act was designed to remove these barriers and make it easier for individuals to clear records for certain crimes through automatic expungement.
Star Tribune article highlight how slow the process is taking
The process was already known to be a slow one. The law that was enacted in 2023 was not scheduled to be rolled out until January 1, 2025. But as a recent Star Tribune article highlights, the speed with which people will actually get relief is moving at a glacial rate. The April 23, 2025 article relates that only 345 of the potential automatic expungements have been forwarded from the BCA to the court system. The Court System has 60 days to review the records before they go into effect. Meaning that these records have not even been automatically expunged yet as of the date this blog is being posted (May 29, 2025). We are nearly half way through 2025 and nobody has received relief through the automatic expungement law yet. And only 345 people are getting closer to have their records automatically expunged. It has been estimated that 60% of the million plus criminal records are eligible for automatic expungement. But at this pace, it appears that it will take years or even decades to go through all the records. Drew Evans, Superintendent for the BCA, likened the automatic expungement process to being more like a spigot than a firehose. However, at the current pace, a leaky faucet is a more apt metaphor.
What To Do If You Can’t Wait
If you can’t wait an indefinite amount of time for the record to be expunged, there is something you can do about it. Petitioning the court for an order for an expungement is an option. It will require the same requirements of filing paperwork, making legal arguments, and using sound strategy that is required in all non-automatic expungement petitions. But you have a better opportunity to achieve relief in a timely way. If you are in a position where your record is holding you back today from jobs, housing, or other opportunities, you may want to pursue an expungement the old fashioned way. That way you may be able to get your old criminal record behind you within 5-6 months. But if you are in a position where your criminal record isn’t currently hampering your life, you could wait years for the BCA to automatically expunge it. The choice will depend in part on your life circumstances.
Conclusion
If you want to petition the Court for an order of expungement, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650
Peter Lindstrom
Peter is the head of the expungement departments at Jack Rice Defense. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
