How to Get Your Cannabis Conviction Expunged in Minnesota: A Complete 2026 Guide

Minnesota legalized adult-use cannabis on August 1, 2023, but legalization created an uncomfortable question for tens of thousands of residents: what happens to the marijuana convictions already on their records?

A person arrested for possessing a small amount of cannabis ten years ago now carries a record for something that is entirely legal today. That record can block housing applications, bar access to professional licenses, and disqualify candidates from jobs. Minnesota's response to this problem is one of the most ambitious expungement programs in the country.

Here is what you need to know in 2026.

The Two-Track System

Minnesota's Adult-Use Cannabis Act (Chapter 342) created two separate pathways for clearing cannabis-related records, each handling different types of offenses.

Track 1: Bureau of Criminal Apprehension (BCA) Automatic Expungement

The BCA handles low-level marijuana records automatically. This covers petty misdemeanor and misdemeanor offenses, including simple possession charges. No petition, no attorney, no court appearance, and no filing fee are required.

The BCA completed its first major review in 2024, clearing more than 57,000 low-level marijuana records statewide. According to LawHelp Minnesota, the BCA will conduct a second review in 2026 to catch any records that were still moving through the court system when the initial 2024 sweep happened.

If your record qualifies for automatic expungement, the BCA is not required to notify you. The record is simply sealed in the BCA criminal history database.

Track 2: Cannabis Expungement Board (CEB) Review

The second track handles more serious convictions, primarily felony-level cannabis offenses. Minnesota's law created a dedicated Cannabis Expungement Board (CEB), a state agency charged with reviewing felony cannabis cases for possible expungement or resentencing.

Former Minneapolis City Attorney Jim Rowader serves as the CEB's executive director. The board also includes Hennepin County public defender Amanda Brodhag, former Court of Appeals judge Susan Segal, Assistant U.S. Attorney David Genrich, Deputy Commissioner Safia Khan, and Rebecca St. George of the Department of Children, Youth and Families.

The board estimates that roughly 230,000 cannabis-related records in Minnesota are not eligible for automatic expungement and will require this formal review. The process is expected to take several years.

State Senator Lindsey Port, one of the authors of the 2023 legalization law, put the mission plainly at a public forum in November 2025:

"Prohibition and the over-policing of specific communities is a harm the government did. It is our job, as the government, to undo that harm."

What Qualifies for Automatic Expungement

The automatic BCA process covers records that fall under the criteria established by the Adult-Use Cannabis Act. According to the Minnesota Lawyer Referral Service, approximately 66,000 records are eligible for automatic expungement under this track.

Offenses generally covered include:

• Petty misdemeanor cannabis possession
• Misdemeanor cannabis possession (small amounts)
• Other low-level cannabis offenses that would now be legal or decriminalized under Chapter 342

The BCA reviews the nature of the offense, the amount of cannabis involved, and whether any required probation or sentencing was completed.

The Felony Review Track

Minnesota's fifth-degree controlled-substance statute previously covered a range of activities, including marijuana possession and sale. Felony convictions under this statute can carry consequences that last decades, including bars to federal student loans, difficulty renting housing, and restrictions on professional licensing.

The CEB reviews these cases individually. Unlike the BCA track, the felony review process is not instantaneous. Officials have acknowledged that reviewing the full backlog of cases will take years.

However, Minnesota's model is still exceptional by national standards. Most states that allow cannabis expungement require individuals to file their own petitions, pay court fees, and navigate complex legal processes. Many people who could benefit never pursue expungement because the process is too burdensome.

"If you go to a job interview or try to rent housing, you need to know what's on your record. This ensures everyone has that opportunity," said attorney Jon Geffen, who has worked on expungement cases for two decades, at the Sabathani Community Center forum in November 2025.

Minnesota shifts the burden from the individual to the state. For felony-level cases, that means the CEB initiates review rather than waiting for people to come forward.

The Clean Slate Act

Running alongside the cannabis-specific tracks is the Clean Slate Act, which took effect January 1, 2025. The Clean Slate Act creates an automatic sealing process for a broader category of non-violent offenses, not limited to cannabis.

For cannabis-related convictions that fall under Clean Slate rather than the Adult-Use Cannabis Act, waiting periods apply before automatic sealing occurs:

• Petty misdemeanors and misdemeanors: Two years after the end of sentence
• Gross misdemeanors: Three years after the end of sentence
• Non-violent felonies: Five years after the end of sentence

The key condition for Clean Slate sealing is that the person must not have been charged with additional crimes during the waiting period. Records sealed under Clean Slate are inaccessible to the public but can still be accessed by certain government agencies.

Why It Matters: The Real-World Impact

Expungement is not just a legal technicality. A single cannabis conviction can:

• Block access to federal student loans and financial aid
• Disqualify applicants from renting housing
• Prevent employment in fields that require background checks, including healthcare, education, and government
• Block access to certain professional licenses (nursing, teaching, social work)
• Create barriers to public benefits

Amanda Brodhag, the Hennepin County public defender serving on the CEB, described the practical effect of expungement: "When that record is expunged, doors finally open. People can pursue education, secure stable housing, and access jobs they were previously barred from."

The disproportionate impact of cannabis enforcement on communities of color makes this particularly significant. Minnesota's approach to automatic, government-initiated expungement is designed to repair harms from decades of uneven enforcement without requiring people to jump through bureaucratic hoops to access relief.

How to Check Your Record

Even if your conviction qualifies for automatic expungement, it is worth confirming that the process has been completed. Here is how to check:

1. Request your BCA criminal history record. You can request a copy of your own record from the Minnesota Bureau of Criminal Apprehension. There is typically a fee for this service.

2. Look for sealed records. If a record has been expunged, it should no longer appear on standard background checks.

3. Contact the Cannabis Expungement Board. If you have a felony cannabis conviction and want to know where your case stands in the CEB review process, you can contact the board directly at mn.gov/ceb.

4. Consult a criminal defense attorney. If you are unsure whether your record qualifies for automatic expungement or needs a petition, an attorney experienced in expungement can review your specific situation. The Minnesota State Bar Association's Lawyer Referral Service can connect you with qualified attorneys.

What Expungement Does Not Cover

It is important to understand the limits of Minnesota's expungement program:

• Federal charges: Minnesota's expungement law covers state records only. Federal drug convictions cannot be expunged under state law.
• Delivery and sale charges: More serious offenses involving distribution or sale of cannabis may require CEB review rather than automatic expungement.
• Pending cases: If charges were still active when legalization passed, the outcome depends on the specific offense and prosecutorial decisions.
• Employer drug testing: Expungement of your record does not affect your employer's right to conduct drug testing for current or future employment. Minnesota employers retain the right to test for cannabis in safety-sensitive positions even after legalization.

Related Reading

• Minnesota Cannabis Employment Rights: What Your Boss Can and Cannot Do
• Is a Minnesota Medical Cannabis Card Worth It in 2026?
• Minnesota Cannabis Social Equity Program: Who It Helps and How
• Minnesota Cannabis Purchase Limits and Possession Rules
• Minnesota Cannabis DUI Laws: What You Need to Know

Frequently Asked Questions

Do I need to do anything to get my marijuana conviction expunged in Minnesota?

For low-level offenses (petty misdemeanors and misdemeanors), probably not. The BCA handles these automatically. The BCA is not required to notify you, so you may want to request a copy of your criminal history record to confirm. For felony offenses, the Cannabis Expungement Board is conducting reviews, but the process is ongoing and will take several years.

Has the BCA already started expunging records?

Yes. The BCA completed its initial review in 2024, clearing more than 57,000 low-level cannabis records. A second BCA review is underway in 2026 to catch records that were still moving through the court system at the time of the first sweep.

What is the Cannabis Expungement Board?

The Cannabis Expungement Board (CEB) is a state agency created by Minnesota's Adult-Use Cannabis Act to review felony-level cannabis convictions for possible expungement or resentencing. It operates independently from the BCA and handles the more complex cases that do not qualify for automatic expungement.

How many cannabis records are being reviewed in Minnesota?

Approximately 66,000 records qualify for automatic expungement by the BCA. The CEB is reviewing an additional 230,000 felony-level records, a process expected to take several years.

Does expungement remove all consequences of a cannabis conviction?

Expungement seals the record from public view and removes most barriers related to employment and housing. However, federal consequences (like bars to federal student loans) may require a separate legal process, and some government agencies retain access to sealed records even after expungement.

How is Minnesota's expungement program different from other states?

Most states that allow cannabis expungement require individuals to petition the courts, pay fees, and navigate complex legal procedures. Minnesota shifts that burden to the state. For low-level offenses, the BCA acts automatically. For felony offenses, the CEB initiates review rather than waiting for individuals to come forward. This approach is considered one of the most comprehensive government-led expungement efforts in the United States.

Related Reading

• Minnesota Cannabis Possession Limits: What You Can Legally Carry
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• Cannabis Drug Testing and Employment Rights in Minnesota: A Complete 2026 Guide
• Is a Minnesota Medical Cannabis Card Worth It in 2026?
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