Three individuals sit across from an attorney at a Clean Slate meeting in Minnesota, discussing their expungement options.

Minnesota Cannabis Expungement in 2026: Automatic Sealing, the Clean Slate Act and the Expungement Board

Estimated reading time: 7 minutes

Cliff Notes: Minnesota cannabis expungement in 2026

Minnesota cannabis expungement now happens largely without an application. The routes as of October 2026:

  • Automatic cannabis expungement: qualifying cannabis records were expunged from the BCA’s criminal history system in May 2024; the BCA plans a 2026 review of records that were still in court at the time.
  • Cannabis Expungement Board: reviews felony marijuana and THC convictions and presumes expungement unless clear and convincing evidence shows a public safety risk.
  • Clean Slate Act: automatic sealing for eligible offenses since January 1, 2025; the BCA reports about 98% of eligible records expunged or under judicial review as of September 8, 2026.
  • Petition: filing your own petition costs $300 per offense unless the court waives it; qualifying through the Attorney General’s office avoids the fee.
  • Sealed, not erased: courts, prosecutors, law enforcement and some employment background checks can still see a sealed record.

Updated October 4, 2026, from Minn. Stat. §§609A.015, 609A.055 and 609A.06, the BCA and the Minnesota Attorney General’s office.

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Minnesota Cannabis Expungement: Three Ways Records Are Sealed

RouteWhich recordsHow it works
Automatic cannabis expungement (Minn. Stat. §609A.055)Non-felony marijuana possession and sale records, plus dismissed cannabis chargesThe BCA grants relief and seals its records without an application, petition or motion, then notifies the courts, which seal related records. The BCA expunged qualifying records in May 2024.
Cannabis Expungement Board (Minn. Stat. §609A.06)Felony convictions for marijuana or THC under sections 152.021 to 152.025The BCA identifies eligible convictions and the board reviews them without an application. The board decides whether to vacate the conviction or recommend resentencing to a lesser offense, and the court then issues the sealing order. Expungement is presumed to be in the public interest unless clear and convincing evidence shows a public safety risk.
Clean Slate Act (Minn. Stat. §609A.015)Hundreds of eligible offenses and dispositions, not only cannabisAutomatic sealing began January 1, 2025. The BCA reports that about 98% of eligible records had been expunged or were under judicial review as of September 8, 2026.

Sources: Minnesota Statutes chapter 609A and the BCA Expungements page, read October 4, 2026.

For a felony to qualify for board review, the offense must not have involved a dangerous weapon or bodily harm, and the conduct must be a lesser offense or no longer a crime after August 1, 2023 (Minn. Stat. §609A.06).

Filing a Petition Yourself

If your record does not qualify for an automatic route, you can petition the court for expungement. Filing directly costs $300 for each offense unless the court waives the fee based on income. If you apply through the Minnesota Attorney General’s office and qualify, you do not pay the filing fee and do not file court paperwork yourself (Minnesota Attorney General, Clean Slate). The Minnesota Judicial Branch explains the petition process step by step (Criminal Expungement FAQs).

What Sealing Does and Does Not Do

  • Sealed, not destroyed: an expungement order seals the record so it is not publicly available; the record still exists.
  • Who can still see it: courts, prosecutors and law enforcement for investigations, prosecution and sentencing, and some employment background checks, such as for criminal-justice, human-services and Department of Education jobs (Minnesota Judicial Branch expungement FAQ).
  • Prior offenses: where the law allows, a sealed record can still count as a prior offense when charging or sentencing a new one.
  • A court order seals it: with a petition, a judge decides your case; in the automatic routes, the BCA or the board identifies the record and the court seals it without a hearing.

These points summarize the Attorney General’s Clean Slate guidance; check your own case with the agency that holds the record.

Checking Whether Your Cannabis Record Was Sealed

  1. Request your Minnesota criminal history record from the BCA through its data request process (BCA Expungements).
  2. Check court records with the district court that handled the case; the BCA notes that judicial branch records are separate from its own.
  3. Watch for the 2026 BCA review of cannabis records that were still in the court process when the May 2024 expungements ran.
  4. Ask about felony review on the Cannabis Expungement Board’s own website if your conviction was a felony.

The Attorney General’s Clean Slate Clinics

The Minnesota Attorney General’s office has held Clean Slate clinics around the state to help people seal records, including Saint Paul and Moorhead in 2024 and Minneapolis, Columbia Heights, Westside St. Paul, Duluth and Rochester in 2025. Upcoming clinic dates are posted on the Attorney General’s Clean Slate page. This guide is general information, not legal advice; for your own record, check with a lawyer or the Attorney General’s Clean Slate team.

Cannabis Records and Minnesota Social Equity Status

A cannabis or marijuana possession or sale conviction before May 1, 2023, yours or a close family member’s, is one of the criteria for social equity status in Minnesota’s licensed market. Our Minnesota cannabis social equity guide covers the criteria and OCM’s free verification process. If your record has been sealed, ask OCM which documents it will accept before you apply.

If you are planning a licensed cannabis business, see our Minnesota cannabis consulting page for ownership and licensing rules, or book a Minnesota consultation.

Minnesota Cannabis Expungement FAQs

Were Minnesota cannabis convictions automatically expunged?

Qualifying cannabis records were expunged from the BCA’s criminal history system in May 2024 without an application. Felony convictions go to the Cannabis Expungement Board instead.

What does the Minnesota Cannabis Expungement Board do?

It reviews felony marijuana and THC convictions and decides whether to vacate the conviction or recommend resentencing; the court then seals the records. Expungement is presumed to be in the public interest unless clear and convincing evidence shows a public safety risk.

What is the Minnesota Clean Slate Act?

A law that has automatically sealed records for eligible offenses since January 1, 2025. The BCA reports about 98% of eligible records expunged or under judicial review as of September 8, 2026.

How much does it cost to file for expungement in Minnesota?

Filing a petition yourself costs $300 per offense unless the court waives the fee. If you apply through the Attorney General’s office and qualify, you do not pay the filing fee.

Is an expunged record destroyed in Minnesota?

No. Expungement seals the record; courts, prosecutors, law enforcement and some employment background checks can still access it.

How do I find out if my cannabis record was sealed?

Request your Minnesota criminal history record from the BCA and check with the district court that handled your case.

Does a cannabis conviction help with Minnesota social equity status?

A cannabis possession or sale conviction before May 1, 2023, yours or a close family member’s, is one of the criteria for social equity status. Verification through OCM is free.

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