The Cannabis Expungement Board decides which cases to expunge. The Cannabis Expungement Board is made up of five members. Every month the Board holds a public meeting where cases are presented anonymously. A minimum of three members need to vote to take any action on a case. If you would like to learn more about the Board members or our meetings, please go to the “Board Information” tab. People with cannabis convictions can also petition for expungement.
You can reach out to us to check on the status of your case through the “Contact Us” form. Try to fill out as much information as you can for us to be able to assist you as quickly as possible. Please note that cases are presented to the Board anonymously, so we cannot confirm when any case may be heard by the Board, nor can we comment on what action the Board may take.
If the Board has decided to expunge your case, you will receive a letter from us in the mail informing you of the Board’s decision. If you received mail from us and have questions, please fill out the “Contact Us” form with your information and we will do our best to answer any questions you have or direct you to other expungement resources.
If your case meets the legal requirements, the court has the authority to expunge (seal) your court records and order other government agencies to expunge (seal) their records too. Those agencies usually include the law enforcement agency and prosecutor's office that handles the case, along with the Bureau of Criminal Apprehension (BCA). Sometimes additional government agencies are also ordered to expunge (seal) your records related to the case.
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 using a multi-factor analysis.
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. Any offense that is still a felony under current law is not eligible.
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, any victim of a crime being reviewed and any law enforcement agency may submit an oral or written statement, giving a recommendation on whether or not a person’s record should be expunged or the person should be resentenced to a lesser offense. The Board must consider the victim’s or law enforcement agency’s statement when making a decision.
DISCLAIMER: Information provided here is not intended to be used as legal advice. You should speak with an attorney if you require assistance.
If you have questions about expungement or need legal assistance, these organizations may be able to assist you with low-cost or free services.
Minnesota Judicial Branch
Criminal Expungement Frequently Asked Questions
Office of Minnesota Attorney General Keith Ellison
Information on expungement of criminal records
Bureau of Criminal Apprehension
Automatic expungement information for certain cannabis related misdemeanors.
Office of Cannabis-Related Management
New state agency that will regulate cannabis and issue licenses and develop regulations outlining how and when businesses can participate in the industry.
Adult Use Cannabis Act: Laws of Minnesota, chapter 63, article 5, section 3.
If you have a conviction you would like reviewed or have questions about your record, please contact us here.