Clean slate, fresh start: How a Minnesota law taking effect Jan. 1 unlocks second chances

Opinion editor’s note: Strib Voices publishes a mix of guest commentaries online and in print each day. To contribute, click here.

•••

The new year is upon us, and soon thousands of Minnesotans will have the opportunity for a true fresh start and second chance thanks to the Minnesota Clean Slate Act, which goes into effect on Jan. 1.

The law, passed by the Legislature in 2023, creates a framework for automatically expunging criminal records of those convicted of certain nonviolent misdemeanor and low-level felony offenses if the person has remained crime free for a set number of years. It enables those who have demonstrated a commitment to rehabilitation to move forward with their lives without the persistent obstacles posed by past criminal records.

The impact of this major law will be immediate. More than 1 million Minnesotans have criminal records, and while expungement opportunities exist in the state, the process is complicated, costly and few have been able to take advantage. Studies show that while 60% of Minnesotans with criminal records qualify for expungement, only 5% have been able to obtain one. The complex and costly process can take months if not years, and includes completing court forms, serving agencies who have the records of your case, filing paperwork with the court and a court hearing, all for decades-old nonviolent offenses.

Meanwhile, businesses face a nationwide worker shortage, with 8 million unfilled job openings. Minnesota — one of the states most affected — has 51 available workers for every 100 open jobs.

These shocking statistics underscored the need to make the state’s existing process more accessible, which is why a diverse group of organizations including the Justice Action Network, Minnesota County Attorneys Association and State Public Defender’s office, worked together with employer and other organizations and the bill’s legislative champions, House Majority Leader Jamie Long and Senate President Bobby Joe Champion, on this issue for four years before the Clean Slate Act was finally passed in 2023.

Minnesota’s Clean Slate Act acknowledges that Minnesotans who work hard and commit to changing their lives shouldn’t continue to be burdened by a criminal record hanging over their heads. The law does not absolve them of responsibility for the mistakes they’ve made, but it does recognize that one mistake should not define us for the rest of our lives.

Clean Slate Act offers a solution to Minnesota businesses clamoring to hire qualified people by enabling them to tap into a larger talent pool that may be automatically screened out before they even get an interview. And expungement protects businesses from liability as well. The law affords individuals discretion and delivers real benefits to the state economy.

There are also promising individual economic benefits to an automatic expungement system: A University of Michigan study found that those who obtained expungement saw an average 23% improvement in wages over the pre-expungement average.

In the new year, Minnesota’s Clean Slate Act will begin to change lives and offer a true fresh start to so many. We were so proud to play a role in the legislation’s passage and look forward to witnessing the positive impact the law will have on individuals and communities across Minnesota.

John Choi is the Ramsey County Attorney and a board member of the Minnesota County Attorneys Association (MCAA). Lauren Krisai is executive director of the Justice Action Network (JAN), a national bipartisan organization dedicated to improving the U.S. criminal justice system and public safety outcomes at the state and federal levels. An independent but aligned 501(c)(4) organization of Justice Action Network Foundation 501(c)(3), JAN focuses on passing impactful legislation and building durable movements for continued reform.