NEW ULM — The Clean Slate Act, a law that creates a system for eligible records to be automatically sealed after a person meets necessary requirements, went into effect Jan. 1, 2025.

The Minnesota Legislature passed the Clean Slate Act (CSA) in 2023 to automate expungements (sealing eligible arrest or conviction records) estimated to open the door to brighter futures for 500,000 Minnesotans.

For many, the streamlined process will break down bureaucratic barriers like filing petitions, finding legal support, and paying court fees – that have long kept hundreds of thousands of people from pursuing record sealing long after becoming eligible for expungement.

Fifth District Public Defender Greg Handevidt of Mankato said the new law is a step in the right direction for certain one-time offenders.

“I’m in favor of anything that will help people, who are not habitual offenders, get a ‘fresh start,'” said Handevidt.

“The Clean Slate Act will help someone with a non-violent, one-time, offense that should not have their life horrifically derailed for decades. I include drug offenses, despite our legislature absurdly deeming all drug offenses to be ‘violent,’ he said.

Handevidt said every client he ever represented who ended up with a felony conviction had an “extremely difficult” time finding or keeping a good job, housing and obtaining benefits.

“A felony conviction follows someone for decades,” he said.

Brown County Attorney Chuck Hanson said his office received a preliminary list of individuals who may be eligible for relief.

“Several entities need to review the list and provide feedback on who may or may not be eligible. Our practice with any expungements is to mark the paper or electronic file with a notification that the case has been expunged. The file is then maintained according to our data retention schedule and destroyed by shredding or deletion once the data retention date has passed,” said Hanson.

All records in the BCA (Bureau of Criminal Apprehension) Criminal History System will contain a notice beginning Jan. 1 indicating criminal history records may contain information that qualifies for automatic seal under the CSA, according to the Minnesota Department of Public Safety (DPS).

The BCA is completing program changes and testing on more than 16 million records and 16,000 affected statutes in the Criminal History System. That work and the required review process, and implementation of seals on all eligible records is anticipated by mid-May 2025.

Qualifying criteria for CSA automatic expungement include people arrested and all charges dismissed after a case was filed, unless dismissal was based on a finding that the defendant was incompetent to proceed; or all pending actions or proceedings were resolved in favor of the person; or successful completion of a diversion program or stay of adjudication and the person has not been charged with another offense.

Courts, prosecutors, and law enforcement agencies still have access to expunged record data.

The BCA is required to notify each arresting and citing law enforcement agency that expungement relief was granted. Prosecuting attorneys can notify victims according to statute.

Qualifying offenses for automatic expungement include misdemeanors except fourth-degree DWI, OFP violations, fifth-degree assault, domestic assault, HRO violations, emergency call interference, obscene or harassing phone calls, indecent exposure, interference with privacy and domestic abuse no contact order violations.

A number of gross misdemeanor offenses are eligible for expungement. Felony offenses listed as eligible for expungement by petition will be automatically expunged.

Following feedback from prosecutors, the offense of reckless driving resulting in great bodily harm or death and certain offenses related to offering a forged check are ineligible for automatic expungement.

Waiting periods after sentence discharge are two years for petty and misdemeanor offenses, three years for gross misdemeanors and five years for felonies.

Minnesota is among 12 states that passed Clean Slate laws and is among the first states to implement an automatic record sealing policy. In the 12 states with Clean Slate laws, 14 million people are eligible for a fully cleared record.

A recent survey found that those who benefit from Clean State record sealing reports positive life impacts including employment, family relationships and mental health.

For more information visit https://dps.mn.gov and https://www.cleanslateinitiative.org.