Is my psilocybin or mushroom conviction automatically expunged? A Minnesota Expungement Attorney explains.
Minnesota has created automatic expungement for some offenses. One of the areas that was expanded significantly in this area was automatic expungement for certain marijuana and cannabis convictions. If you have an old conviction involving psilocybin or mushrooms, you may wonder if these new laws provide you relief.
Psilocybin and Mushroom Specific Laws Not Enacted
Outside of marijuana and cannabis convictions, Minnesota’s expungement laws are governed around the degree of offense and result of the case rather than what type of controlled substance you were convicted of. A weak microdose of shrooms is treated the same as black tar heroin if the other underlying factors of the conviction are the same.
What the New Law Automatically Expunges
If your conviction was for 5th degree controlled substance, and you have not been convicted of a new crime four years following discharge from probation or conditional release, you are eligible for automatic expungement. The asterisk that accompanies this good news is that it’s unclear how long it will take for the automatic expungement of 5th degree controlled substance convictions to be enacted. There are over a million records that the BCA needs to review. If you have the time to wait and see how long it takes, you can sit back and wait. But if your record is still open and you are being denied job opportunities, you may want to call an expungement attorney to discuss your options.
What the New Law Doesn’t Automatically Expunge
If your conviction was for any other controlled substance case, from 1st degree up to 4th degree, there is no automatic expungement. But if you have a 1st degree, 2nd degree, 3rd degree or 4th degree conviction, do not despair, you still have options.
New 3rd and 4th degree controlled substance law
Prior to 2023, 1st through 4th degree controlled substance convictions not only were not automatically expunged, you were not even allowed to petition the court for expungement. They were ineligible for expungement. But in 2023, the 3rd and 4th degree controlled substance cases were opened up so that you are permitted to petition the court for expungement. Minn. Stat. § 609A.015 subd. (a)(4)(i)-(ii). If you were convicted of a 3rd or 4th degree case involving psilocybin or mushrooms, you want to contact an expungement attorney.
1st and 2nd degree cocaine convictions
If you were convicted of a 1st degree of 2nd degree psilocybin or mushroom related offense, you are not eligible for expungement. But you may be eligible for a pardon, which is another way to clear your record. The process for pardons is difficult and you will want to contact a pardon attorney to discuss your options.
Conclusion
If you want to expunge or pardon your psilocybin or mushroom conviction, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements and pardon. There are many attorneys in the state of Minnesota who offer to do expungements and pardons, 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 appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. 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.
