Is the new automatic expungement law really immediate? A Minnesota expungement attorney explains the more complicated reality
If you have an old criminal conviction and you read the Star Tribune article from January 1, 2025, you may be under the impression that your record has been expunged. The title of the article suggests as much: “Up to 500,000 Minnesotans to get a ‘clean slate’ starting Jan. 1”. The article cites attorneys saying the impact will be immediate. But if you look up your old record, you will likely be in for a rude surprise.
What the article does not explain
The Star Tribune article does not talk about how the Minnesota BCA needs to sift through over a million criminal records to find which cases are eligible for expungement. It does not talk about how it has been estimated by some that it will take 18 months to go through all the record. And by others, that it will take multiple years. When it said that the impact of the law will be immediate, it means that the process is starting and if you are one of the lucky ones to have your record reviewed first, you may be able to have your record cleaned early. But if you are in the middle or end of the pile, it could take multiple years.
What you can do to speed up the process
If you are being held back by background checks and can’t wait years, there is way around waiting around for automatic expungement. You can petition the court for an order for expungement. You may want to call an expungement attorney to weigh your options and decided whether it is best for you to wait or to bring the expungement request before a judge. What is most important for you to understand is that any promises you get from anybody about automatic expungement need to be tempered by the realities of how slow the government works through records. If you’re annoyed with how long the line is at the DMV. You’ll be left sorely disappointed if you think the Minnesota BCA will review over a million records in a quick fashion.
Conclusion
If you want to expunge your old records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements and pardons. 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. 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.
