Minnesota’s New Automatic Expungement Law: The Hidden Catch that is Tripping Up Working Professionals
In 2023, Minnesota passed the Clean Slate Act. This brought about sweeping changes in Minnesota’s expungement law. Many misdemeanor and gross misdemeanor offenses can become automatically expunged if it is a qualified offenses and the amount of time period has passed without a new offense. Prior to 2023, one needed to petition for expungement no matter how long ago the offense was. But Clean Slate Act was enacted to make it easier for people to clear their record. Expungement can be a difficult process that involves filing the right papers, serving the right people, and arguing the best arguments to the judge. Automatic expungement removes the barriers that stand in the way of some people getting expungement.
The Working Professionals Catch
If you have an old misdemeanor and gross misdemeanor you may think your criminal record will soon be history. And that it will no longer impact background checks for your job searches. But depending on your circumstances that may not be the case. When automatic expungement occurs, it does not expunge records with (1) the Department of Human Services; (2) the Department of Health Services; and (3) the Professional Educator Licensing and Standards Board. Minn. Stat. § 609.015 subd. 4(c)(1). This impacts teachers, engineers, nurses and many other professionals who are regulated by these agencies.
What does this mean practically?
I’ll give you a hypothetical example. Amy is 24-year-old woman who wants to become a nurse. When she was 18 years old she was convicted of gross misdemeanor theft. Her friends were a bad influence on her at the time and she has since reformed her life. She wants to move on and better her life, but that theft conviction prevents her from being a nurse because it’s a 10 year disqualification with DHS. Minn. Stat. § 245C.15 subd. 3. When Minnesota passed the Clean Slate Act, she was overjoyed because she believed her record would be expunged. She applies to become a nurse, but gets rejected because of her record. She checks with the district court and finds out that her record was automatically expunged. But DHS is still rejecting her. She is confused. She doesn’t realize that automatic expungement doesn’t impact DHS records.
How to Overcome the Hurdle
Is Amy just stuck? Thankfully, not. There is a workaround. If you want your records expunged from DHS, you can file a petition to expunge the records from DHS. Minn. Stat. § 609A.015 subd. 4(c)(2). This may require opening your case back up if it was automatically expunged. Because like in the example above, automatic expungement does seal most of your records, not just DHS. And the judge at the district court will need to open up your file to rule on expunging your records with DHS. This process can be complicated. And it is generally more difficult to get DHS records expunged than for other agencies. But if you hire a skilled expungement attorney it can be done.
Conclusion
If you want to expunge your criminal records, 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 also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his intelligence and creativity in advocacy. Peter has been successful in getting DWI’s, felonies, and domestics expunged. If you want your record cleared, you want Peter and the team at Jack Rice Defense in your corner.
