In 2023, Minnesota legalized the possession and use of recreational marijuana. However, this shift in the law created a problem: How would it be fair to let the many thousands of Minnesotans with prior felony marijuana records continue to be stigmatized by something no longer considered a crime?

This post provides an overview of the solution: The new laws allowing for the review and expungement of old marijuana crimes.

An expungement order seals a record from public view but does not totally erase it.

Expungement can help a person in several ways. An expungement order should seal a record from public view, meaning that employment and housing background checks should not be able to find it.

However, expungement does not mean erased. The record is still there, and may generally be accessed by the courts, Minnesota Bureau of Criminal Apprehension, and other government entities, like the Department of Health and Human Services. Because the record still exists, it can be used to continue denying you the ability to possess firearms and to obtain certain professional licenses, like a nursing license.

The new law allows for automatic expungement of many low-level offenses, those that received a deferred prosecution, and those that were beaten.

New Statute 609A.055 provides for automatic expungement of many marijuana offenses. In fact, the Minnesota Bureau of Criminal Apprehension reports that it already sealed over 57,000 such offenses.

Qualifying offenses include:

• Many first-time offenders who were offered a deferred prosecution deal.
• Low-level misdemeanor and petty misdemeanor possession offenses.
• Many types of cases that were dismissed pre-trial or beaten at trial.

The new Cannabis Expungement Board will review and expunge many more old marijuana offenses.

New Statute 609A.06 created the Cannabis Expungement Board (“the Board”). The Board will be required to review the estimated 90,000 or so old marijuana convictions. The Board has broad authority to either vacate and dismiss the case outright, restore gun rights, order a reduced sentence, or deny relief altogether.

The Board will be reviewing cases ranging all the way from first to fifth degree possession and sale offenses involving marijuana. The Board will then screen out offenses involving violence or dangerous weapons.

Then, eligible cases may be eligible for expungement, which may include:

• Vacating and dismissing the charges completely.
• Sealing the record from the Education Licensing Board.
• Restoring the person’s right to possess firearms.

However, the Board may decide that expungement is not appropriate even if the case is eligible. In this case, the Board may order a reduction in the sentence or no relief at all.

How can my attorney help?

This new process is largely automatic. But it will be slow. The Board is only five people. It will take years for them to review all their files. Also, your attorney may still be able to help you in other ways, such as:

• Filing a traditional petition for expungement to get you before a judge sooner.
• Making an expungement agreement with a prosecutor, resulting in faster relief.
• Using a traditional petition to obtain better outcomes, such as the sealing of the records from other government entities, like the Department of Health and Education Boards.
• Petitioning to restore your gun rights independently from the expungement process.

Your attorney may be able to speed up the process and obtain more positive results than the automatic process created by the new law.

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If an old marijuana crime is still causing problems for you or someone you know in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.