How Does Expungement Work with the new Cannabis Law in Minnesota?

For decades, Minnesotans have been prosecuted, convicted and sentenced because of marijuana charges. As a result, thousands upon thousands of Minnesotans currently have criminal convictions. Some of those are about to change as of August 1, 2023. If you currently have a marijuana conviction in Minnesota, you may have some options. Consult with an experienced Minnesota drug defense attorney.

“Some cannabis expungements in Minnesota will be automatic. Some will need to go before a new Board.”

Which Marijuana Convictions will be automatically expunged?

The new law mandates the expungement of all misdemeanor marijuana convictions. These automatic expungements will seal the person’s conviction record, making the record not publicly accessible from the Bureau of Criminal Apprehension (BCA).

Are there Marijuana Convictions that will not be automatically expunged?

All felony marijuana convictions will not be automatically expunged. Instead, the new law will create a Cannabis Expungement Board to review felony offenses for possible expungement on a case-by-case basis. While there is still not a lot of information of the legal process for gaining an expungement, the Cannabis Expungement Board will consist of the following members:

• the Chief Justice of the Supreme Court or somebody they designate;

• the Attorney General or somebody they designate;

• one public defender, appointed by the Governor upon recommendation of the State Public Defender;

• the Commissioner of Corrections or somebody they designate;

• one public member with relevant experience, also appointed by the Governor.

“People with felony marijuana convictions will have a new way to seek an expungement.”

In the coming months, the process for expungements will be clarified. At that point, Minnesotans with felony convictions can seek expungements. While these are not certain, the fact that this new Board is being established for this purpose, the likelihood of success has certainly increased. Make sure you consult with an experienced Minnesota drug defense attorney.

Jack Rice is a nationally known criminal defense and drug defense attorney. He is also a former prosecutor, former CIA Officer and Board Certified Criminal Law Specialist. Finally, he founded Jack Rice Defense before the turn of the century to represent Minnesotans facing serious criminal charges. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When you life is on the line . . . Jack Rice Defense.