Cannabis Expungement in Minnesota

Last verified: March 2026

Minnesota's Commitment to Cannabis Justice

When Minnesota legalized recreational cannabis through HF 100 in May 2023, the legislature recognized that legalization alone was not enough. Tens of thousands of Minnesotans were carrying criminal records for conduct that was no longer illegal. HF 100 included some of the most comprehensive expungement provisions in the country, establishing a dedicated state agency to clear those records.

The Cannabis Expungement Board

HF 100 created the Cannabis Expungement Board, a standalone state entity dedicated to reviewing and clearing cannabis-related criminal records.

Cannabis Expungement Board (mn.gov/ceb)

The Board is charged with overseeing both the automatic expungement of misdemeanor records and the case-by-case review of felony convictions. This dedicated institutional approach sets Minnesota apart from many states where expungement falls to overburdened court systems.

Automatic vs. Case-by-Case Expungement

Minnesota's expungement process operates on two tracks:

Automatic Expungement (Misdemeanors)

For misdemeanor cannabis offenses, expungement is automatic — affected individuals do not need to take any action. The Cannabis Expungement Board identifies and processes qualifying records systematically. This includes:

• Misdemeanor cannabis possession convictions
• Petty misdemeanor cannabis offenses
• Related paraphernalia charges
• Arrests and charges that did not result in conviction for cannabis offenses

Approximately 57,000 misdemeanor records have been automatically expunged through this process.

Case-by-Case Review (Felonies)

For felony cannabis convictions, the process is more involved. The Cannabis Expungement Board reviews each case individually, considering:

• The nature and severity of the original offense
• Whether the conduct would be legal or a lesser offense under current Minnesota law
• The individual's criminal history and circumstances
• Public safety considerations

Approximately 110,000 felony cases are under review or eligible for review by the Board. This is a substantial undertaking that will take years to fully process.

Impact of Expungement

When a cannabis record is expunged in Minnesota, it is treated as if the arrest or conviction never occurred:

• Employment: Expunged records do not appear on standard background checks. You are legally permitted to answer "no" when asked about criminal history on job applications.
• Housing: Landlords cannot access expunged records, removing barriers to rental applications and housing assistance.
• Education: Expunged records cannot be used to deny admission to educational institutions or financial aid eligibility.
• Professional licensing: Most licensing boards cannot consider expunged offenses when evaluating applications.
• Cannabis industry: An expunged cannabis record does not disqualify someone from obtaining an OCM cannabis business license — in fact, prior cannabis convictions are part of the social equity criteria that can improve an applicant's chances in the licensing lottery.

Part of Broader HF 100 Justice Provisions

Cannabis expungement is one part of HF 100's broader criminal justice reforms, which also include:

• Social equity licensing: 50% of capped license categories are reserved for social equity applicants, including those with prior cannabis convictions
• Community reinvestment: Cannabis tax revenue directed toward communities disproportionately impacted by cannabis prohibition
• Employment protections: Cannabis is now included in the Lawful Consumable Products Act, protecting off-duty use
• No local opt-outs: Cities and counties cannot ban cannabis businesses, ensuring statewide access

How to Check Your Eligibility

1. Check the Cannabis Expungement Board website. Visit mn.gov/ceb for the latest information on the expungement process, timelines, and eligibility criteria.
2. Request your criminal history record. Contact the Minnesota Bureau of Criminal Apprehension (BCA) to obtain your criminal history and verify whether your records have been processed.
3. Contact the Board directly if you have a felony cannabis conviction and want to know the status of your case review.

Legal Aid & Support Organizations

Several organizations provide free or low-cost assistance with cannabis expungement and reentry support in Minnesota:

Hennepin County Attorneys for Community Reentry (HACR)

HACR provides legal assistance for individuals seeking expungement of criminal records in Hennepin County, including cannabis-related offenses. The program connects people with volunteer attorneys and support services.

Last Prisoner Project

lastprisonerproject.org

The Last Prisoner Project is a national nonprofit that advocates for the release and reentry support of individuals incarcerated for cannabis offenses. The organization has been involved in Minnesota's expungement efforts and provides resources for affected individuals and families.

Sensible Change Minnesota

changemn.org

Sensible Change Minnesota advocates for social equity and criminal justice reform in cannabis policy, including full implementation of HF 100's expungement provisions.

HF 100 established the Cannabis Expungement Board to oversee the automatic expungement of misdemeanor cannabis records and the case-by-case review of felony cannabis convictions in Minnesota.

Minnesota Legislature — HF 100 (Session Law Chapter 63, 2023)