Why can I see my Minnesota criminal record even though it is supposed to be automatically expunged? An expungement attorney explains
In 2023, Minnesota passed the Clean Slate Act. This opened up automatic to a lot of low-level offenses. Prior to the Clean Slate Act, the only way you could get a record expunged was through petitioning the court. A process that required filing the appropriate paperwork, making sound legal arguments, and using good legal strategy to achieve the desired results. The Clean Slate Act was intended to overcome these barriers and allow more people to have their record cleared.
The Timeline is Longer than You May Think
As of the time of this writing, it is November of 2024. If you have an old low-level offense, you may believe that your record is expunged. However, if you looked up your record recently, you would be met with a rude surprise. It’s still there.
The automatic expungement process will not begin being rolled out until January 1, 2025. But even that date will not be when you receive relief. The Minnesota Bureau of Criminal Apprehension (BCA) estimates it will take 18 months to automatically expunge old records. Which would be July 1, 2026.
The Challenges of Going Through a Million Plus Criminal Records
Automatically expunging all of the records is a gargantuan task. Minnesota has a population of over 5 million people, and over 1 million of them have a criminal record. Those in the know, express extreme skepticism that the BCA will be able to automatically expunge all the record in their estimate of 18 months. Roughly 60% of the million plus criminal records is estimated to be due for automatic expungement. But we won’t find out the true numbers until the BCA is able to churn through a massive amount of data. If you have an old criminal record, I wouldn’t hold your breath for that July 1, 2026 date.
What To Do If You Can’t Wait
If you can’t wait an indefinite amount of time for the record to be expunged, there is something you can do about it. Petitioning the court for an order for an expungement is an option. It will require the same requirements of filing paperwork, making legal arguments, and using sound strategy that is required in all non-automatic expungement petitions. But you have a better opportunity to achieve relief in a timely way. If you are in a position where your record is holding you back today from jobs, housing, or other opportunities, you may want to pursue an expungement the old fashioned way. That way you may be able to get your old criminal record behind you within 5-6 months. But if you are in a position where your criminal record isn’t currently hampering your life, you could wait years for the BCA to automatically expunge it. The choice will depend in part on your life circumstances.
Conclusion
If you want to petition the Court for an order of expungement, 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 violent crimes expunged. If you want your record cleared, you want Peter and the team at Jack Rice Defense in your corner.
