Minnesota earlier this year became the 11th state to enact legislation making it easier to expunge certain nonviolent criminal records.
The expungement process is typically burdensome, costing money and a lot of time. But with the Clean Slate Act, that process has been streamlined and automated for qualifying offenses. To share more about the criteria, Minnesota Attorney General Keith Ellison is hosting an expungement clinic Wednesday in north Minneapolis.
"Second chances is a way forward in terms of public safety," Ellison said at a State Capitol news conference Monday announcing the clinic and effects of the legislation. "Part of public safety is saying that after you've done your time, after you've made rehabilitative efforts, after you've demonstrated that you deserve that chance, then it should be given. It's not given lightly. There's a process."
The act automates expungement for petty- and gross-misdemeanor offenses if the charge has been dismissed or if a person successfully completed a diversion program or stay of adjudication — a court action that keeps a conviction off your record if you remain law-abiding on probation. There is a two-year waiting period after the discharge of a sentence to qualify.
Violent offenses and a long list of other crimes don't qualify, such as harassment, stalking, DWI, indecent exposure and nonconsensual dissemination of private sexual images.
Certain felony offenses will be automatically expunged, too. That process previously required a person to file a petition, which lawmakers said used up a lot of court resources. Qualifying offenses include those in which a person completed diversion, received a stayed sentence, or has not been charged with a new crime. There is a five-year waiting period after the discharge of a sentence to qualify.
Courts and law enforcement agencies still have access to expunged records. That's because records are sealed, not completely erased. Once sealed, it won't pop up in a standard background check. But records are still accessible by the Department of Human Services and other licensing boards for certain background checks.
Crimes that may qualify for automatic expungement include theft, property damage, certain financial offenses and fifth-degree drug possession or sale. More information is available at helpsealmyrecord.org.