Cannabis Record Expungement in Minnesota: What Was Sealed and What Is Still Under Review

Minnesota's 2023 cannabis law didn't just legalize adult-use sales. It also set off a large, mostly automatic cleanup of old cannabis-related criminal records. By mid-2024, the state had sealed tens of thousands of records without a single person filing a petition. But the process runs on two tracks: one automatic and now largely complete, one individual and still working through cases one at a time. Here's what actually got sealed, what didn't, and how the second track works when a felony-level record is involved.

What the 2023 Law Actually Sealed

The automatic-sealing rule lives in Minn. Stat. 609A.055. It applies to a person in one of four situations: the case was dismissed under a diversion program for a qualifying cannabis charge, the person was convicted of or received a stayed sentence for a nonfelony-level cannabis offense, all charges were dismissed before a judge found probable cause, or every pending action in the case was resolved in the person's favor, including a formal exoneration.

When a case qualifies, "sealed" covers more than the court file. The statute reaches records of the arrest, indictment, trial, verdict, and dismissal or discharge held by four separate custodians: the Bureau of Criminal Apprehension (BCA), the judicial branch, the arresting or citing law enforcement agency, and the prosecutor's office that handled the case.

It's a narrower category than everything cannabis-related. This is the same statute, for context, that sits alongside Minnesota's current purchase and possession limits and the state's 21-and-older ID rule — the conduct that used to generate these records is largely legal today, within those limits, for an adult with valid ID.

How the Automatic Process Worked, and What Got Completed

The distinguishing feature of 609A.055 is that nobody has to ask. The statute directs the BCA to identify qualifying records on its own and grant the relief without an application. Once the bureau seals its own records, it has 60 days to notify the judicial branch, the relevant law enforcement agency, and the prosecutor's office, so each of them can seal their copies in turn.

According to the Minnesota Department of Public Safety, the BCA finished this pass on May 13, 2024 — about three months ahead of its own internal schedule — sealing 57,780 criminal history records that met the automatic-expungement criteria. To do it, the agency made coding changes to the state's Criminal History System so qualifying records could be hidden from public view rather than removed one at a time. The judicial branch reviewed the batch afterward and found that 213 of those records didn't actually meet the statutory criteria, so they stayed unsealed.

The department also said local police departments and prosecutors' offices would get their own lists of expunged records so they could update local systems — sealing at the state level doesn't automatically update every local database on the same day.

What a Sealed Record Looks Like — and What It Doesn't Mean

A sealed record under this statute isn't destroyed. It stays in the system with a notation that expungement relief was granted under section 609A.055, rather than showing up as a plain, open criminal history entry. That distinction matters for one specific purpose: the person whose record was sealed still retains access to it for immigration-related proceedings, and the statute requires the state to publish guidance for noncitizens on that point.

Timing matters here too. Sealing at the BCA and the judicial branch is the state-level step; local law enforcement agencies and prosecutors' offices maintain their own systems and update them on their own schedules. That's part of why the department treated local list-sharing as a separate, ongoing task rather than something that finished the same day as the BCA's project.

Felony-Level Cases: The Cannabis Expungement Board

Felony-level cannabis convictions were never part of the automatic BCA process. They go through a dedicated body created by Minn. Stat. 609A.06: the Cannabis Expungement Board (CEB). The board has five members — the chief justice of the Minnesota Supreme Court or a designee, the attorney general or a designee, a public defender, the commissioner of corrections or a designee, and one public member, preferably someone with victim-advocacy experience.

A case qualifies for CEB review if the person was convicted of a first- through fifth-degree controlled substance crime involving cannabis under the law as it existed before August 1, 2023, and the conduct underlying the charge would either be a lesser offense or no offense at all after that date. The offense can't have involved a weapon or bodily harm, and there can't be a pending valid appeal.

The statute sets a presumption in favor of relief: the board grants expungement or resentencing unless there is clear and convincing evidence that doing so would create a public safety risk. Board members weigh the severity of the original offense, public safety considerations, any victim statements, input from law enforcement, and whether firearm rights should be restored as part of the outcome. Acting on a case takes at least three of the five votes. Depending on the case, the board can recommend full expungement with the charge dismissed, expungement with the conviction vacated, or resentencing to a lesser offense.

This track reviews cases one at a time rather than in bulk, so the department has said it expects the felony-level review to take several years to work through the full volume of eligible cases.

If You Think Your Record Was Missed

Neither the BCA nor the Cannabis Expungement Board publishes an online tool where a person can look up the status of an individual case. The CEB does, however, take in cases directly from the BCA rather than requiring an application, and it offers a Case Review Request submission for anyone who believes their case should have been reviewed and wasn't. The board can be reached at 651-201-2000 or ceb@state.mn.us.

It's a useful reminder of how much has changed in a short time: the same state government running this records cleanup is also the one that now licenses and regulates the retail side of the business, including how the state licenses and regulates retailers today.

Frequently Asked Questions

Do I need to apply or file a petition to get my cannabis record expunged in Minnesota?

No, not for the records covered by the automatic process. Under Minn. Stat. 609A.055, the Bureau of Criminal Apprehension identifies and seals qualifying petty misdemeanor and misdemeanor cannabis records on its own, without any application from the person affected.

Is my record deleted, or just hidden?

Sealed, not destroyed. The record stays in the system with a notation that expungement relief was granted under section 609A.055, and it remains accessible to the person for immigration-related purposes even though it no longer shows up in a standard public records check.

What about a felony-level cannabis conviction?

Felony cases go through a separate, individual review by the Cannabis Expungement Board under Minn. Stat. 609A.06, not the automatic BCA process. The board applies a presumption in favor of expungement unless there's clear and convincing evidence it would create a public safety risk.

How do I find out if my case was reviewed or was one of the 213 held back?

The Bureau of Criminal Apprehension and Cannabis Expungement Board don't publish an online case-status lookup. The CEB accepts a Case Review Request submission for anyone who believes their case should have been reviewed and wasn't; contact information is on mn.gov/ceb.

The Bottom Line

Minnesota's cannabis expungement process runs on two tracks. The automatic one, for nonfelony records, is essentially done: 57,780 records sealed as of May 2024, with a small number held back after judicial review. The individual one, for felony-level convictions, is ongoing and will take years to work through under the Cannabis Expungement Board. For anything specific to an individual case, the primary sources are the statute itself and the state agencies that administer it, not secondhand summaries — start with revisor.mn.gov and mn.gov/ceb.

For adults 21 and older only. Cannabis products have not been analyzed or approved by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Keep out of reach of children. Do not operate a vehicle or machinery after use. This article is general information about products sold in Minnesota, not medical advice; talk to a licensed clinician about your health.