Expungement is defined as removing something. In this context, it means that past cannabis cases can be removed from records with the court system and with other government entities that keep criminal records. Expunged records should not show up on most criminal background checks
No. The Clean Slate Act allows certain criminal records to be automatically sealed after a certain amount of time has passed. The Clean Slate Act applies to a number of different kinds of cases, including cannabis records. More information can be found at the MN Department of Public Safety’s website on expungements.
The CEB is currently reviewing cases where the underlying act was 5th degree possession, with some exceptions.
The CEB is reviewing cases as quickly as possible while taking great care to review on a case-by-case basis. This can take time, particularly in complex cases.
No, you do not need to apply. The CEB will automatically review records based on eligibility. However, you may choose to apply for earlier consideration. Please use the Contact Us form to submit your information and request that your case be reviewed sooner.
Each record is considered on a case-by-case basis.
Cases involving dangerous weapons or violence, or that are a felony under current law, are not eligible for expungement. For eligible cases, there is a presumption of expungement unless there is clear and convincing evidence of public safety risk. The CEB’s review process is a multi-part analysis which includes consideration of statements from law enforcement or victims.
The Board requires staff to complete conviction reviews, which will include reviewing many case documents to identify eligible cases and eliminating cases involving a dangerous weapon, the intentional infliction of bodily harm on another, an attempt to inflict bodily harm on another, or an act committed with the intent to cause fear in another of immediate bodily harm or death.
The Board will review all cases to determine whether the conviction or stay of adjudication is eligible for an expungement or resentencing to a lesser offense. Staff alone are not authorized to eliminate cases from consideration without Board review.
Yes, if the conviction or stay of adjudication involved a dangerous weapon, the intentional infliction of bodily harm on another, an attempt to inflict bodily harm on another, or an act committed with the intent to cause fear in another of immediate bodily harm or death.
No. Only three Board members must vote in favor of an expungement or resentencing.
The affirmative vote of three members is required for action taken at any meeting.
Yes. Victims and law enforcement are able to provide oral or written statements for consideration at any meeting where the Board is reviewing the case involving them.
DISCLAIMER:
Information provided here is not intended to be used as legal advice. You should speak with an attorney if you require assistance.