Technically, expungement is defined as removing something. In this case, it means that past cannabis cases can be sealed and won’t show up on most criminal background checks. Thousands of cannabis-related offenses (misdemeanor convictions and specific offenses not resulting in a conviction) have already been automatically sealed. More complex, multi-charge misdemeanors and felonies are currently being reviewed by the Cannabis Expungement Board.
The Adult-Use Cannabis Act was passed in Minnesota in 2023, making marijuana use legal for adults over 21. The law allows for the sealing of many cannabis-related records and created the Cannabis Expungement Board to review felonies and multi-count cases.
The Clean Slate Act made automatic expungement (sealing) possible for many types of records, including marijuana records. More information can be found here.
The Bureau of Criminal Apprehension expunged (sealed) thousands of records in May 2024. Some additional misdemeanor expungements are expected in Summer 2025. You can periodically check if your record is sealed by searching here or by using a computer portal at your local courthouse.
Read the full eligibility guidelines here.
Because many people have relocated residences or changed email addresses, you will not be notified about cases that are automatically expunged. However, the CEB will send letters about cases under its jurisdiction. You can check if your record has been sealed by searching here or by using a public computer portal at your local courthouse.
Once your record is sealed, it should not show up on a typical employment or housing background check. It may show up in background checks in other states using the FBI’s criminal history information, or for jobs where a Department of Human Services background study is required.
If your record is sealed, it is hidden from the public and on most criminal background checks.
Cannabis felonies and some misdemeanor and gross misdemeanor records will be reviewed by the Cannabis Expungement Board (CEB), which is a separate state agency from the Bureau of Criminal Apprehension and has a different process for the CEB to review.
The CEB was created to review felonies and gross misdemeanor records. This work is expected to take several years to complete.
The CEB is currently reviewing charges where the underlying act was 5th degree possession, with some exceptions.
No, you do not need to apply. The Cannabis Expungement Board will automatically review records based on eligibility. However, you may choose to apply for earlier consideration. The CEB is reviewing cases as quickly as possible while taking great care to review each record on a case-by-case basis. This can take time, particularly in complex cases. More information can be found on the CEB website.
Read the full eligibility guidelines for felonies here.
The law that governs the CEB creates 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 that includes considering statements from law enforcement or victims.