Jan 27, 2024

Minnesota has encountered unexpected problems while implementing its new marijuana law. As such, the implementation has experienced significant delays. State officials commented that it will be another year or so of necessary work before the law’s provisions can take effect.

Minnesota’s governor signed the marijuana bill almost eight months ago. However, the Office of Cannabis Management involved with the bill now lacks a director, as the previous director recently resigned. Though there were talks of a potential replacement, the individual no longer works in state government, thus ending such speculation. Many now speculate that a new director will take charge sometime in mid-February.

Another issue delaying the full implementation of the law concerns the Cannabis Expungement Board. According to the Board, it needs to fill two vital openings. Filling these positions will allow the Board to begin expunging misdemeanor and felony convictions.

State officials have also not specified when the retail sale of marijuana will start. However, they believe it will begin early in 2025. There are also predictions that preliminary cannabis industry rules will take effect by spring 2025.

The government will also need to appoint someone to oversee the cannabis office. Though someone has temporarily filled the position that manages the office, the individual’s contract expires on February 15. However, the state is not accepting applications for the job yet and has not said when they expect to hire someone.

Technical and programming issues have also delayed automatic expungements. These delays significantly affect marijuana-related petty misdemeanor and misdemeanor convictions. As such, many should not expect expungement until August. Meanwhile, the state will handle higher-level convictions differently. These cases require review by a specially appointed board.

Another delay concerns the Minnesota Bureau of Criminal Apprehension. This Bureau is responsible for handling automatic expungements. According to the Bureau, technical infrastructure needs have affected the delays. The Bureau of Infrastructure’s website revealed how contractors and staffers struggle with identifying marijuana records eligible for expungement. Another struggle concerns how they will inform individuals of their eligible convictions.

Once the new law goes into effect, it will open up new job opportunities for individuals who have had their criminal records expunged. It will also provide a larger labor pool for employers. However, employers in Minnesota don’t have to wait for the law to take effect. Employers can proactively determine whether various convictions are relevant to their open positions. The best way to start a second chance hiring program is to work with an experienced background check company.

Keep your business up to date on new laws and regulations with JDP’s reliable background checking services. Contact a sales rep today.

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The Minnesota Department of Public Safety recently blogged an update concerning two Acts. The blog details the steps the Bureau of Criminal Apprehension (BCA) has taken since passing these Acts. The Acts in question are the Adult-Use Cannabis Act and the Clean Slate Act, passed last spring. 

According to the new article, the BCA is still working to implement either Act’s significant changes. The Adult Use Cannabis Act and Clean Slate Act passed in early 2023. Both changed who can view criminal history information, such as arrest and conviction records. Ordinarily, publicly available information from criminal history records is available online from the BCA.

Under the Adult Use Cannabis Act, Minnesotans with certain low-level cannabis-related offenses will qualify to seal their records. The Act requires an automatic expungement for all qualifying records from the BCA’s database. The BCA has estimated that more than 66,000 records may qualify for automatic sealing under the Adult Use Cannabis Act.

According to the BCA, it is well on its way to successfully creating the processes needed to automate these expungements. This effort included employing over a dozen staff and contractors to develop the necessary systems. The BCA claimed it will continue to analyze and establish rules for identifying qualifying records and notifying law enforcement and judicial authorities.

The state has created a Cannabis Expungement Board for those with felony offenses. This Board reviews cases and determines eligibility for expungement or resentencing under the new regulations. According to the BCA, there are 230,000 eligible offenses for review by the Board.

The Clean Slate Act takes effect in January 2025. It will expand the list of offenses qualifying for expungement. In addition, it will introduce a process for the BCA to seal qualifying records. However, the BCA has yet to determine the number of records that may be affected by the Act.

The BCA will continue improving its database to ensure the prompt completion of expungements. Furthermore, the Bureau added language to all criminal records. This change would indicate whether the records contain information about acts that are no longer illegal. The statement is the following:

“Minnesota Session Laws – 2023, Chapter 63, Article 5 requires automatic expungement of certain cannabis-related offenses effective August 1, 2023. While the Criminal History System is being updated to support the changes, an individual’s record may include cannabis-related offenses that are eligible for automatic expungement. In addition, an individual’s record may include cannabis-related offenses that are eligible for review by the Cannabis Expungement Board. The Board will determine whether the offense meets the criteria for resentencing or an order of expungement through the Judicial Branch.”

When performing background checks, employers must ensure that they receive up-to-date criminal history information that reflects these changes. The best way to help ensure this is to work with an experienced employment screening provider. The right partner will ensure the company complies with all state and federal regulations.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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Minnesota legislature recently passed a Clean Slate law that automatically expunges non-violent offenses. This law will take effect in 2025, easing the expungement process for many individuals affected by these criminal records. 

This legislation marks Minnesota as the 11th state to pass a Clean Slate law. The new law could help more individuals because it expands the number of people who will be eligible to file an expungement. Before this law, Minnesota had already established an expungement process. However, it made expungement costly and time-consuming. 

Why It Came Up

Many people did not expunge their records because of these issues. This result inspired Santa Clara University to conduct a study on the expungement rates. According to the data, only 5% of eligible residents in Minnesota have expunged their records. However, 60% of people with criminal records qualify for expungement. 

Individuals interested in expungement must understand that this process does not eliminate the record. It only prevents the information from appearing on standard background checks. As such, your potential employer or landlord would not see these offenses in your background check reports.

However, law enforcement agencies could still access these expunged records. Other agencies that maintain access include the courts, the Department of Human Services, and other licensing boards. As such, they may review these records when conducting background checks on you.

How to Qualify

If you have eligible non-violent offenses, you can expect to see them automatically expunged as early as 2025. Examples of qualified records include dismissed petty and gross misdemeanors. Petty and gross misdemeanors for individuals who completed a diversion program or stay-of-adjudication also qualify. 

You must complete at least two years before your records become eligible for automatic expungement. This waiting period applies if you have eligible petty misdemeanors and discharged sentences. Eligible gross misdemeanors have a three-year waiting period after discharging the punishment. Violent offenses, as well as certain other offenses, will not qualify for automatic expungement.

Crimes typically eligible for expungement include theft, property damage, and receiving stolen property. You may also find offenses such as fifth-degree drug possession or sales qualify. However, you must avoid further charges during this waiting period. Failure will disqualify you for automatic expungement. 

This law could give many Minnesota residents better employment and housing opportunities. Until then, interested individuals may petition for an expungement. Should your petition succeed, consider running a self-background check before applying for jobs or housing. This self-check will inform you whether the expunged records are still visible and allow you to make corrections before anyone screens your background.

Try running a self background check today and give yourself a head start on your next opportunity.

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