Frequently Asked Questions

The Bureau of Criminal Apprehension , a Division of the Minnesota Department of Public Safety, is managing the automatic expungement process. More information can be found here .

Based on the law, case data will be reviewed by CEB staff to identify eligible cases for review and possible expungement and brought before the Board for decision-making. Individuals will not be required or permitted to submit their own records.

A person is eligible for expungement or resentencing to a lesser offense if:

1. the person was convicted of, or adjudication was stayed for, a violation of any of the following involving the sale or possession of marijuana or tetrahydrocannabinols:
   1. section 152.021, subdivision 1, clause (6);
   2. section 152.021, subdivision 2, clause (6);
   3. section 152.022, subdivision 1, clause (5), or clause (7), item (iii);
   4. section 152.022, subdivision 2, clause (6);
   5. section 152.023, subdivision 1, clause (5);
   6. section 152.023, subdivision 2, clause (5);
   7. section 152.024, subdivision (4); or
   8. section 152.025, subdivision 2, clause (1);
2. the offense did not involve 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;
3. the act on which the charge was based would either be a lesser offense or no longer be a crime after August 1, 2023; and
4. the person did not appeal the conviction, any appeal was denied, or the deadline to file an appeal has expired.

CEB staff must review case records and analyze files that are both stored electronically and in paper form to determine individuals meet eligibility criteria. CEB staff will access those records directly from the BCA and/or court administration. Individuals will not be required or permitted to submit their own records.

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.

The Board is hoping to begin reviewing cases before the end of 2024. 

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.