MINNESOTA, USA — Now that it's Aug. 1, Minnesotans can legally possess and grow their own marijuana for recreational purposes. Certain criminal records will also begin to be expunged.
With the Adult-Use Cannabis Act now in effect, Minnesotans with low-level marijuana-related arrests or misdemeanor convictions are officially in line to have their records sealed from public view.
The act automatically expunges such records from the state's Bureau of Criminal Apprehension (BCA) criminal history database. The BCA says more than 66,000 Minnesotans could benefit. However, the agency warns it could take a year, or until Aug. 2024, to get everyone's record sealed.
For Minnesotans with felony convictions, the state has created The Cannabis Expungement Board to determine eligibility for expungement or re-sentencing. The board, which will be made up of five members (three designees and two appointed public members), will be finalized this fall, according to state officials. The BCA says 230,000 felony records are eligible for this review.
"Sealing records is intended to remove barriers for people with cannabis-related offenses who are subject to a background check for a job or housing," according to the state website.
Research shows racial disparities in arrests and convictions for marijuana possession in Minnesota and nationwide.
This year, the legislature also passed the Clean Slate Act. However, it doesn't go into effect until January 2025. The Clean Slate Act expands the current list of offenses that are eligible to be petitioned to the court for an expungement order. It also "sets out a process for the BCA to seal the records that qualify for expungement, from petty misdemeanor to felony level offenses."
Records sealed at the BCA will remain visible in other states per the National Crime Prevention and Privacy Compact unless the BCA receives a court order.
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