Minnesota Cannabis Expungement

Last verified: April 2026

Two Tracks: Automatic and Board-Reviewed

HF 100’s expungement provisions are among the most consequential pieces of the law. Minnesota took a two-track approach:

• Automatic expungement for misdemeanor and petty misdemeanor cannabis records (Minn. Stat. § 609A.055) — the Bureau of Criminal Apprehension processes these without action by the affected individual.
• Cannabis Expungement Board (Minn. Stat. § 609A.06) reviews felony-level cannabis convictions individually.

Automatic Expungement — The Numbers

The Bureau of Criminal Apprehension identified 66,000+ records eligible for automatic expungement under § 609A.055. By May 2024 — three months ahead of schedule — 57,780 misdemeanor and petty misdemeanor records had been sealed.

This is a significant win for criminal-justice reform: 57,780+ Minnesotans had qualifying low-level cannabis records automatically removed from public criminal-history searches and most background checks, without filing fees, without court appearances, and without legal representation costs.

Felony Expungement — The Cannabis Expungement Board

For felony-level cannabis convictions, the Cannabis Expungement Board (Minn. Stat. § 609A.06) reviews individual cases. Executive Director James Rowader leads the board.

The board is reviewing an estimated 230,000 felony records individually. The board identified 21 individuals still incarcerated for offenses that may no longer be felonies under HF 100. This review is expected to take several years.

What Qualifies

Eligibility for automatic or board-reviewed expungement depends on:

• The offense was a marijuana-related conviction
• The conduct underlying the conviction would not be a crime under current Minnesota law (or would be a lesser offense)
• The person has completed their sentence (or sentence reduction may be possible for those still incarcerated)

Convictions for distribution to a minor, sale across state lines, or amounts dramatically above HF 100 limits may not qualify.

What Expungement Does

• Seals the conviction from public criminal-history searches and most background checks
• Allows you to lawfully answer "no" on most employment, housing, and licensing applications asking about prior convictions
• Restores eligibility for some occupational licenses
• For incarcerated individuals (felony track), the board can recommend sentence reduction or early release

What Expungement Does Not Do

• Federal records. Minnesota expungement does not reach federal databases. Federal background checks (FBI, NICS for firearms, federal employment) may still surface the original arrest.
• Immigration. Minnesota expungement does not cure immigration consequences of a federal-level controlled-substance conviction.
• Some sensitive contexts. Certain professional licensing bodies, security clearances, and law enforcement applications may still require disclosure of expunged convictions.

The Hennepin and Ramsey County Context

The Twin Cities’ two core counties have progressive prosecutorial leadership that supported the expungement effort:

• Hennepin County Attorney Mary Moriarty — the first openly LGBTQ person to hold the office, brings a prosecutorial philosophy shaped by her previous role as Chief Public Defender. In that capacity, her office exposed severe racial inequities in low-level marijuana stings in 2018, revealing that 46 Black men had been arrested in a single Hennepin County operation targeting small cannabis amounts. The resulting outcry led her predecessor, Mike Freeman, to implement a no-prosecution policy for possession and sale under 100 grams and to end sting operations entirely.
• Ramsey County Attorney John Choi — in office since 2011 and the first Korean American chief prosecutor in the United States, implemented a no-charge policy for low-level marijuana cases that mirrors Hennepin County’s approach, requiring a "very compelling public safety reason" to file charges.

Both county attorneys’ offices can provide guidance on expungement eligibility and the status of pending record reviews.

Resources for Expungement Help

• Cannabis Expungement Board — reach through mn.gov
• Public Health Law Center at Mitchell Hamline School of Law — publishes detailed analyses of expungement programs
• Hennepin County Attorney’s Office and Ramsey County Attorney’s Office — guidance on Hennepin and Ramsey cases
• Minnesota CLE Cannabis Law Conference — continuing education for attorneys navigating the intersection of state and federal law

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