1.1 A bill for an act
1.2 relating to public safety; clarifying eligibility for certain expungements or
1.3 resentencings involving past cannabis crimes; amending Minnesota Statutes 2024,
1.4 section 609A.06, subdivisions 3, 7, 10, 12.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 609A.06, subdivision 3, is amended to read:
1.7 Subd. 3.Eligibility; cannabis offense.(a) A person is eligible for an expungement or
1.8resentencing to a lesser offense if:
1.9 (1) the person was convicted of, or adjudication was stayed for, a violation of any of the
1.10following a first-, second-, third-, fourth-, or fifth-degree controlled substance crime involving
1.11the sale or possession of marijuana or tetrahydrocannabinols:
1.12 (i) section 152.021, subdivision 1, clause (6);
1.13 (ii) section 152.021, subdivision 2, clause (6);
1.14 (iii) section 152.022, subdivision 1, clause (5), or clause (7), item (iii);
1.15 (iv) section 152.022, subdivision 2, clause (6);
1.16 (v) section 152.023, subdivision 1, clause (5);
1.17 (vi) section 152.023, subdivision 2, clause (5);
1.18 (vii) section 152.024, subdivision (4); or
1.19 (viii) section 152.025, subdivision 2, clause (1) under Minnesota Statutes 2023
1.20Supplement, section 152.021, 152.022, 152.023, 152.024, or 152.025, or a previous version
1Section 1.
S0204-1 1st EngrossmentSF204 REVISOR KLL
SENATE
STATE OF MINNESOTA
S.F. No. 204NINETY-FOURTH SESSION
(SENATE AUTHORS: PORT, Oumou Verbeten and Klein)
OFFICIAL STATUSD-PGDATE
Introduction and first reading9201/16/2025
Referred to Judiciary and Public Safety
Comm report: To pass as amended03/17/2025
Second reading 2.1of those or any other statutes criminalizing the possession, sale, transportation, or cultivation
2.2of marijuana or tetrahydrocannabinols;
2.3 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily
2.4harm on another, an attempt to inflict bodily harm on another, or an act committed with the
2.5intent to cause fear in another of immediate bodily harm or death;
2.6 (3) the act on which the charge was based would either be a lesser offense or no longer
2.7be a crime after August 1, 2023; and
2.8 (4) the person did not appeal the conviction, any appeal was denied, or the deadline to
2.9file an appeal has expired.
2.10 (b) A person is eligible for an expungement for any other offense charged along with
2.11the underlying crime described in paragraph (a) if the charge was either dismissed or eligible
2.12for expungement under section 609A.055.
2.13 (c) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the
2.14person was charged with a felony.
2.15 EFFECTIVE DATE.This section is effective the day following final enactment.
2.16 Sec. 2. Minnesota Statutes 2024, section 609A.06, subdivision 7, is amended to read:
2.17 Subd. 7.Review and determination.(a) The Cannabis Expungement Board shall review
2.18all available records to determine whether the conviction or stay of adjudication or charge
2.19is eligible for an expungement or resentencing to a lesser offense. An expungement under
2.20this section is presumed to be in the public interest unless there is clear and convincing
2.21evidence that an expungement or resentencing to a lesser offense would create a risk to
2.22public safety.
2.23 (b) If the Cannabis Expungement Board determines that an expungement is in the public
2.24interest, the board shall determine whether a person's conviction should be vacated and
2.25charges should be dismissed.
2.26 (c) If the Cannabis Expungement Board determines that an expungement is in the public
2.27interest, the board shall determine whether the limitations under section 609A.03, subdivision
2.285a, apply.
2.29 (d) If the Cannabis Expungement Board determines that an expungement is in the public
2.30interest, the board shall determine whether the limitations under section 609A.03, subdivision
2.317a, paragraph (b), clause (5), apply.
2Sec. 2.
S0204-1 1st EngrossmentSF204 REVISOR KLL 3.1 (e) If the Cannabis Expungement Board determines that an expungement is not in the
3.2public interest, the board shall determine whether the person is eligible for resentencing to
3.3a lesser offense.
3.4 (f) In making a determination under this subdivision, the Cannabis Expungement Board
3.5shall consider:
3.6 (1) the nature and severity of the underlying crime, including but not limited to the total
3.7amount of marijuana or tetrahydrocannabinols possessed by the person and whether the
3.8offense involved a dangerous weapon, the intentional infliction of bodily harm on another,
3.9an attempt to inflict bodily harm on another, or an act committed with the intent to cause
3.10fear in another of immediate bodily harm or death;
3.11 (2) whether an expungement or resentencing the person a lesser offense would increase
3.12the risk, if any, the person poses to other individuals or society;
3.13 (3) if the person is under sentence, whether an expungement or resentencing to a lesser
3.14offense would result in the release of the person and whether release earlier than the date
3.15that the person would be released under the sentence currently being served would present
3.16a danger to the public or would be compatible with the welfare of society;
3.17 (4) aggravating or mitigating factors relating to the underlying crime, including the
3.18person's level of participation and the context and circumstances of the underlying crime;
3.19 (5) statements from victims and law enforcement, if any;
3.20 (6) if an expungement or resentencing the person to a lesser offense is considered,
3.21whether there is good cause to restore the person's right to possess firearms and ammunition;
3.22 (7) if an expungement is considered, whether an expunged record of a conviction or stay
3.23of adjudication may be opened for purposes of a background check required under section
3.24122A.18, subdivision 8; and
3.25 (8) whether the person was also charged with other offenses in addition to the underlying
3.26crime, the disposition of those other charges, and other factors deemed relevant by the
3.27Cannabis Expungement Board.
3.28 (g) In making a determination under this subdivision, the Cannabis Expungement Board
3.29shall not consider the impact the expungement would have on the offender based on any
3.30records held by the Department of Health; Department of Children, Youth, and Families;
3.31or Department of Human Services.
3.32 (h) The affirmative vote of three members is required for action taken at any meeting.
3Sec. 2.
S0204-1 1st EngrossmentSF204 REVISOR KLL 4.1 EFFECTIVE DATE.This section is effective the day following final enactment.
4.2 Sec. 3. Minnesota Statutes 2024, section 609A.06, subdivision 10, is amended to read:
4.3 Subd. 10.Notice to judicial branch and offenders.(a) The Cannabis Expungement
4.4Board shall identify any conviction or stay of adjudication or charge that qualifies for an
4.5order of expungement or resentencing to a lesser offense and notify the judicial branch of:
4.6 (1) the name and date of birth of a person whose conviction or stay of adjudication is
4.7eligible for an order of expungement or resentencing to a lesser offense;
4.8 (2) the court file number of the eligible conviction or stay of adjudication;
4.9 (3) whether the person is eligible for an expungement;
4.10 (4) if the person is eligible for an expungement, whether the person's conviction should
4.11be vacated and charges should be dismissed;
4.12 (5) if the person is eligible for an expungement, whether there is good cause to restore
4.13the offender's right to possess firearms and ammunition;
4.14 (6) if the person is eligible for an expungement, whether the limitations under section
4.15609A.03, subdivision 7a, paragraph (b), clause (5), apply; and
4.16 (7) if the person is eligible for an expungement, whether the expungement should also
4.17apply to any other offenses charged in addition to the underlying crime; and
4.18 (8) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be
4.19imposed.
4.20 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to
4.21notify any person whose conviction or stay of adjudication qualifies for an order of
4.22expungement that the offense qualifies and notice is being sent to the judicial branch. Notice
4.23sent pursuant to this paragraph shall inform the person that, following the order of
4.24expungement, any records of an arrest, conviction, or incarceration should not appear on
4.25any background check or study.
4.26 EFFECTIVE DATE.This section is effective the day following final enactment.
4.27 Sec. 4. Minnesota Statutes 2024, section 609A.06, subdivision 12, is amended to read:
4.28 Subd. 12.Order of expungement.(a) Upon receiving notice that an offense qualifies
4.29for expungement, the court shall issue an order sealing all records relating to an arrest,
4.30indictment or information, trial, verdict, or dismissal and discharge for an offense described
4Sec. 4.
S0204-1 1st EngrossmentSF204 REVISOR KLL 5.1in subdivision 3, and any other offenses charged in addition to the underlying crime if
5.2identified by the Cannabis Expungement Board as eligible for expungement. In addition,
5.3the court shall order all records, including those pertaining to probation, incarceration, or
5.4supervision, held by the Department of Corrections or local correctional officials sealed.
5.5The courts shall not order the Department of Health; the Department of Children, Youth,
5.6and Families; or the Department of Human Services to seal records under this section. If
5.7the Cannabis Expungement Board determined that the person's conviction should be vacated
5.8and charges should be dismissed, the order shall vacate and dismiss the charges.
5.9 (b) If the Cannabis Expungement Board determined that there is good cause to restore
5.10the person's right to possess firearms and ammunition, the court shall issue an order pursuant
5.11to section 609.165, subdivision 1d.
5.12 (c) If the Cannabis Expungement Board determined that an expunged record of a
5.13conviction or stay of adjudication may not be opened for purposes of a background check
5.14required under section 122A.18, subdivision 8, the court shall direct the order specifically
5.15to the Professional Educator Licensing and Standards Board.
5.16 (d) The court administrator shall send a copy of an expungement order issued under this
5.17section to each agency and jurisdiction whose records are affected by the terms of the order
5.18and send a letter to the last known address of the person whose offense has been expunged
5.19identifying each agency to which the order was sent.
5.20 (e) In consultation with the commissioner of human services, the court shall establish a
5.21schedule on which it shall provide the commissioner of human services a list identifying
5.22the name and court file number or, if no court file number is available, the citation number
5.23of each record for a person who received an expungement under this section.
5.24 (f) Data on the person whose offense has been expunged in a letter sent under this
5.25subdivision are private data on individuals as defined in section 13.02, subdivision 12.
5.26 EFFECTIVE DATE.This section is effective the day following final enactment.
5Sec. 4.
S0204-1 1st EngrossmentSF204 REVISOR KLL