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A Clean Slate Act went into effect in Minnesota on January 1, 2025, and nearly 500,000 residents were expected to have eligible criminal records expunged.

Minnesota’s Clean Slate Act

In 2023, legislators in Minnesota approved a Clean Slate Act, also known as SF2055. The Act called for the automatic expunction of records which would qualify if a resident had filed a petition. This was done to help people avoid a long, difficult process and get relief immediately. Numerous studies have demonstrated that having any type of record can make it difficult for an individual to find employment, housing or other necessities.

Eligible records were scheduled to be expunged on January 1, 2025. Examples of qualifying records include:

• Arrest records when the charges were dismissed because the defendant was deemed incompetent to proceed.
• Arrest records if the proceedings were resolved and no convictions occurred.
• Convictions, if the person completed the terms of a diversion program or stay of adjudication and was not charged with another offense, other than a petty misdemeanor, for one year.
• Convictions, if the person was adjudicated delinquent for, convicted of, or received a stayed sentence for a qualifying offense and was not:
• Convicted of a new offense, other than a petty misdemeanor.
• Charged with a new offense in Minnesota at the time of the applicable waiting period.

Exceptions

SF2055 also lists a variety of records that cannot be expunged, including:

• Fifth degree assault.
• Domestic assault.
• Various degrees of driving while impaired.
• Fourth degree burglary.
• Harassment or stalking.
• Various felonies.
• Several other types of convictions.

Protections For Employers

The Clean Slate Law established protections for:

• Employers, against claims of negligent hiring if a claim is based solely on the fact that the organization hired a person who had a record which was expunged.
• Public safety purposes, by declaring expunged records will still be available to courts, prosecutors and law enforcement agencies.
• General safety purposes, by declaring that expunged records may be disclosed for background studies conducted by authorized government agencies.

What Employers Should Know

One of the best ways for hiring managers to avoid considering records that were previously expunged is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must demonstrate that they follow reasonable procedures to only provide up to date, reportable records in the reports they produce.

Running Background Checks

If your organization is in need of employment background checks, please contact us. Our highly experienced team can help you customize screening packages based on your specific needs, applicable laws and industry regulations. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.