Minnesota officials plan to provide thousands of individuals with expungement relief in the coming months. According to the legislation that passed in 2023, these expungements would cover low-level marijuana convictions.

The Minnesota Legislature passed the Adult-Use Cannabis Act and the Clean Slate Act in 2023. The state’s Bureau of Criminal Apprehension has worked on this plan since then. According to the Bureau, they have worked on determining which marijuana records qualify for the legislation’s automatic expungement process. 

The Bureau estimated that 66,000 records for misdemeanor cannabis-related convictions would qualify for automatic expungement. Officials estimated the state could carry out these expungements by August, possibly as early as May. Under the Adult-Use Cannabis Act and the Clean Slate Act, the state would regulate the cannabis market and provide relief to those previously convicted for cannabis-related violations. 

Under these Acts, adults may purchase, possess, and home-cultivate marijuana within certain limits. The law also created a system for the automatic review and expungement of certain non-violent marijuana-related violations. These changes may help improve housing and employment opportunities for individuals with these convictions.

Minnesota created a Cannabis Expungement Board to facilitate these changes. The board reviews these records on a case-by-case basis to determine eligibility for expungement. According to state officials, they have identified over 200,000 felony drug cases that could qualify. Despite this number, not all will be cannabis related.

The Cannabis Expungement Board is still reviewing these cases to determine which are definitively eligible. Under the law, the Board reviews records that do not involve threats, violence, or the use of weapons and disqualifies records that do. Reviewing these cases is expected to be a significant undertaking. As a result, the board intends to employ at least 30 legal professionals dedicated to examining cases to determine eligibility.

Expunging the qualified low-level marijuana convictions would prevent the public from seeing these cases. As such, these records would not appear in background checks for employment or housing. However, the Bureau of Criminal Apprehensions issued a warning for interested parties. The Bureau explained that they cannot notify consumers about their expunged records.

Consumers with eligible convictions can check the courthouse and inquire about the expungement process. Otherwise, individuals can use a public terminal to search for their cases. Those with qualified records should consider running a self-background check. A self-check allows consumers to review the information that employers, landlords, and others see on their reports. Reviewing these records also enables them to make corrections, especially if expunged information still appears on the report.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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A series of bills concerning old marijuana convictions recently reached Maine legislators. These proposals intend to address the record-sealing process for marijuana convictions, as marijuana is legal in the state. According to the bills, they would expand the list of qualifying convictions, possibly creating an automatic sealing process.

In 2017, Maine legalized the recreational use of marijuana. Despite this, convictions for possessing or using marijuana before legalization have remained on individuals’ records. These remaining records created significant hardships for those seeking employment or housing. 

Advocates for decriminalizing marijuana also argued that minorities such as Black and Hispanic individuals faced disproportionate impacts from these records. According to advocates, law enforcement often targeted minority communities under previous drug laws. This issue further spurred the Maine legislature to receive several proposals to seal these records from the public.

One proposal is LD 2269. It would address marijuana-related convictions from January 1, 2001, through January 30, 2017. LD 2269 would automatically seal or mark these records as confidential. The bill would include convictions for possessing marijuana and several related crimes. Furthermore, LD 2269 would task the Department of Public Safety, the Bureau of State Police, and the State Bureau of Investigation with monthly reviews. 

They must search their databases for underlying convictions qualifying for automatic sealing. They must transfer information on qualifying records to the Administrative Office of the Courts. This office would then send all relevant information to the Superior or District Court as appropriate. The court will then determine the convictions’ eligibility for automatic sealing. 

The court will notify the State Bureau of Identification for offenses that do not qualify. The State Bureau of Identification must file the notice alongside the criminal record. If an offense qualifies, the court will inform the State Bureau of Identification to keep the records confidential.

Another bill submitted to Maine’s legislature is LD 2236. This bill would update the definition of “eligible criminal conviction.” According to LD 2236, the definition would include any Class D crime related to the unlawful possession or cultivation of marijuana before January 30, 2017. The bill would allow affected individuals to file a post-judgment motion to seal their eligible criminal history.

Another bill under consideration is LD 2218. It would eliminate age limitations for those seeking to seal their offenses. Currently, post-judgment motions could apply only to individuals between 18 and 28 years old at the time of the crime. As such, LD 2218 intends to eliminate this statutory prerequisite.

Disclaimer:

Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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