Clean-slate law is not only a just act, but an economic one

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In some cases, a conviction and time served for a minor nonviolent offense has locked people out of job opportunities. Others have been prevented from volunteering at a school or in the community because the words “misdemeanor” and “incarcerated” appeared in a background check. And applications for apartments or other housing have been rejected due to years-old minor offenses.

But thanks to Minnesota’s new Clean Slate Act, now an estimated 500,000 Minnesotans will have their records expunged automatically and at no financial cost. Eligible arrest, conviction and incarceration records for those who have remained crime-free for two to five years can be sealed, depending on the offense.

It’s an important step toward fully re-enfranchising and offering second chances to lower-level, nonviolent offenders.

Kevin Reese, co-executive director and founder of Until We Are All Free Movement (UWAAF) said the new rules, by breaking down barriers for the formerly incarcerated, will “create more workers, homeowners, taxpayers, participants in democracy.“

Among the eligible are those who have committed petty and gross misdemeanor offenses, if the charge has been dismissed or if the person successfully completed a diversion program or stay of adjudication. Violent offenses and many other crimes — including harassment, stalking and DUI — don’t qualify.

In the past, people with certain criminal records had to petition and pay fees to have courts seal records. That process remains in place for more serious offenses. But the new law, passed in 2023, will expunge records automatically when the eligibility criteria are met.

Minnesota is among 12 states that have passed clean-slate laws, according to the Clean Slate Initiative. This state’s 500,000 are among the estimated 14 million people throughout the country who could have their records expunged.

”Every human being makes mistakes — none of us are perfect. The Clean Slate law recognizes this shared human experience and affirms that people deserve the chance to move forward after being held accountable,“ Kahlee Griffey, the other UWAAF founder and director, said in a news release about the new law.

During an interview, Griffey said that the community is ”less safe when you put up barriers and have people shut out of opportunities.“ But when they are empowered to fulfill dreams of a better life, they become more active, engaged and productive citizens.

In a recent Star Tribune commentary, John Choi (the Ramsey County Attorney) and Lauren Krisai (executive director of the Justice Action Network) wrote that while about 60% of the more than 1 million Minnesotans with a criminal record are eligible to have their records expunged, just 5% go through the complicated and costly petition process.

With that barrier now removed, it’s important to get the word out to the thousands who stand to benefit. They should go online at the BCA (tinyurl.com/bca-background) to see what’s on their record and make sure the expungement has occurred if they are eligible.

Choi and Krisai also pointed out the substantial economic and workforce benefits that can come with the new law. “The 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,“ they wrote.

And a University of Michigan study found that those who obtained expungement saw an average 23% improvement in wages over the pre-expungement average.

Together with Minnesota’s automated expungement of low-level cannabis crimes and ability of the formerly incarcerated to vote, the Clean Slate law can help thousands successfully reintegrate into society.