Can You Expunge a Heroin Conviction in Minnesota?
By Sullivan Rice
Minnesota has significantly expanded portions of its expungement laws in recent years, especially involving marijuana and cannabis-related offenses. As a result, many people with older drug convictions are now asking an important question:
Can a heroin conviction be expunged in Minnesota?
The answer depends on several factors, including the degree of the offense, the outcome of the case, and how much time has passed since completion of the sentence.
Minnesota’s Expungement Laws and Heroin Cases
While recent legal changes created broader relief for some cannabis-related offenses, heroin convictions are treated differently under Minnesota law.
For controlled substance offenses outside of marijuana and cannabis cases, eligibility for expungement is generally based on:
The degree of the offense
Whether the case resulted in a conviction
How much time has passed since discharge from probation or incarceration
Whether new criminal offenses occurred afterward
That means some heroin-related convictions may qualify for expungement, while others may not.
Automatic Expungement for Certain 5th Degree Drug Cases
Under current Minnesota law, some 5th degree controlled substance convictions may qualify for automatic expungement.
Generally, this applies when:
The conviction was for a qualifying 5th degree controlled substance offense
The person remained crime-free for four years after discharge from probation or conditional release
However, there is an important limitation.
Minnesota agencies still must review and process a massive number of criminal records statewide. As a result, automatic expungement may take significant time to appear on an individual’s record.
For some people, waiting may not be realistic — especially when a criminal record is affecting:
Employment opportunities
Housing applications
Professional licensing
Educational opportunities
In those situations, speaking with an experienced expungement attorney may help clarify faster legal options.
What Drug Convictions Are Not Automatically Expunged?
More serious controlled substance convictions — including many heroin-related offenses — are not automatically expunged.
This includes most:
1st degree controlled substance convictions
2nd degree controlled substance convictions
3rd degree controlled substance convictions
4th degree controlled substance convictions
But that does not necessarily mean relief is impossible.
New Minnesota Law Expanded Eligibility for Some Drug Expungements
Before recent changes to Minnesota law, many felony controlled substance convictions were completely ineligible for expungement.
That changed in 2023.
Minnesota law now allows individuals convicted of certain 3rd and 4th degree controlled substance offenses to petition the court for expungement under specific circumstances.
That means some individuals with older heroin-related convictions may now have legal options that previously did not exist.
Expungement is not automatic in these situations. A petition must still be filed, and the court will evaluate multiple factors before deciding whether to grant relief.
What About 1st and 2nd Degree Heroin Convictions?
In most cases, 1st and 2nd degree controlled substance convictions remain ineligible for expungement under Minnesota law.
However, some individuals may still pursue another form of relief: a pardon.
A pardon is separate from expungement and involves a different legal process. Pardons are typically more difficult to obtain and require extensive preparation, supporting documentation, and review by state authorities.
Because the process is highly technical, experienced legal representation can be critical.
Why Expungement Matters
Even old drug convictions can continue creating serious obstacles years later.
A criminal record may affect:
Employment
Housing
Professional licensing
Financial opportunities
Reputation
Educational advancement
Expungement can help eligible individuals move forward without the burden of an old criminal record continuing to limit future opportunities.
Speak With a Minnesota Expungement Attorney
Expungement and pardon laws in Minnesota are constantly evolving, especially in controlled substance cases. Eligibility often depends on details that are not obvious from the conviction alone.
At Jack Rice Defense, we help clients evaluate their records, determine eligibility, and pursue every available option under Minnesota law.
