SF 204

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 11/05/2025 01:39 p.m.

A bill for an act
relating to public safety; clarifying eligibility for certain expungements or
resentencings involving past cannabis crimes; amending Minnesota Statutes 2024,
section 609A.06, subdivisions 3, 7, 10, 12.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609A.06, subdivision 3, is amended to read:

Subd. 3.

Eligibility; cannabis offense.

(a) A person is eligible for an expungement or
resentencing to a lesser offense if:

(1) the person was convicted of, or adjudication was stayed for, a violation of deleted text begin any of the
following deleted text end new text begin a first-, second-, third-, fourth-, or fifth-degree controlled substance crime new text end involving
the sale or possession of marijuana or tetrahydrocannabinols deleted text begin :
deleted text end

deleted text begin (i) section 152.021, subdivision 1, clause (6);
deleted text end

deleted text begin (ii) section 152.021, subdivision 2, clause (6);
deleted text end

deleted text begin (iii) section 152.022, subdivision 1, clause (5), or clause (7), item (iii);
deleted text end

deleted text begin (iv) section 152.022, subdivision 2, clause (6);
deleted text end

deleted text begin (v) section 152.023, subdivision 1, clause (5);
deleted text end

deleted text begin (vi) section 152.023, subdivision 2, clause (5);
deleted text end

deleted text begin (vii) section 152.024, subdivision (4); or
deleted text end

deleted text begin (viii) section 152.025, subdivision 2, clause (1) deleted text end new text begin under Minnesota Statutes 2023
Supplement, section 152.021, 152.022, 152.023, 152.024, or 152.025, or a previous version
of those or any other statutes criminalizing the possession, sale, transportation, or cultivation
of marijuana or tetrahydrocannabinols new text end ;

(2) the offense did not involve a dangerous weapon, the intentional infliction of bodily
harm on another, an attempt to inflict bodily harm on another, or an act committed with the
intent to cause fear in another of immediate bodily harm or death;

(3) the act on which the charge was based would either be a lesser offense or no longer
be a crime after August 1, 2023; and

(4) the person did not appeal the conviction, any appeal was denied, or the deadline to
file an appeal has expired.

(b) new text begin A person is eligible for an expungement for any other offense charged along with
the underlying crime described in paragraph (a) if the charge was either dismissed or eligible
for expungement under section 609A.055.
new text end

new text begin (c) new text end For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the
person was charged with a felony.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2024, section 609A.06, subdivision 7, is amended to read:

Subd. 7.

Review and determination.

(a) The Cannabis Expungement Board shall review
all available records to determine whether the conviction or stay of adjudication new text begin or charge new text end
is eligible for an expungement or resentencing to a lesser offense. An expungement under
this section is presumed to be in the public interest unless there is clear and convincing
evidence that an expungement or resentencing to a lesser offense would create a risk to
public safety.

(b) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether a person's conviction should be vacated and
charges should be dismissed.

(c) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
5a, apply.

(d) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
7a, paragraph (b), clause (5), apply.

(e) If the Cannabis Expungement Board determines that an expungement is not in the
public interest, the board shall determine whether the person is eligible for resentencing to
a lesser offense.

(f) In making a determination under this subdivision, the Cannabis Expungement Board
shall consider:

(1) the nature and severity of the underlying crime, including but not limited to the total
amount of marijuana or tetrahydrocannabinols possessed by the person and whether the
offense involved a dangerous weapon, the intentional infliction of bodily harm on another,
an attempt to inflict bodily harm on another, or an act committed with the intent to cause
fear in another of immediate bodily harm or death;

(2) whether an expungement or resentencing the person a lesser offense would increase
the risk, if any, the person poses to other individuals or society;

(3) if the person is under sentence, whether an expungement or resentencing to a lesser
offense would result in the release of the person and whether release earlier than the date
that the person would be released under the sentence currently being served would present
a danger to the public or would be compatible with the welfare of society;

(4) aggravating or mitigating factors relating to the underlying crime, including the
person's level of participation and the context and circumstances of the underlying crime;

(5) statements from victims and law enforcement, if any;

(6) if an expungement or resentencing the person to a lesser offense is considered,
whether there is good cause to restore the person's right to possess firearms and ammunition;

(7) if an expungement is considered, whether an expunged record of a conviction or stay
of adjudication may be opened for purposes of a background check required under section
122A.18, subdivision 8; and

(8) new text begin whether the person was also charged with other offenses in addition to the underlying
crime, the disposition of those other charges, and new text end other factors deemed relevant by the
Cannabis Expungement Board.

(g) In making a determination under this subdivision, the Cannabis Expungement Board
shall not consider the impact the expungement would have on the offender based on any
records held by the Department of Health; Department of Children, Youth, and Families;
or Department of Human Services.

(h) The affirmative vote of three members is required for action taken at any meeting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2024, section 609A.06, subdivision 10, is amended to read:

Subd. 10.

Notice to judicial branch and offenders.

(a) The Cannabis Expungement
Board shall identify any conviction or stay of adjudication new text begin or charge new text end that qualifies for an
order of expungement or resentencing to a lesser offense and notify the judicial branch of:

(1) the name and date of birth of a person whose conviction or stay of adjudication is
eligible for an order of expungement or resentencing to a lesser offense;

(2) the court file number of the eligible conviction or stay of adjudication;

(3) whether the person is eligible for an expungement;

(4) if the person is eligible for an expungement, whether the person's conviction should
be vacated and charges should be dismissed;

(5) if the person is eligible for an expungement, whether there is good cause to restore
the offender's right to possess firearms and ammunition;

(6) if the person is eligible for an expungement, whether the limitations under section
609A.03, subdivision 7a, paragraph (b), clause (5), apply; deleted text begin and
deleted text end

(7) new text begin if the person is eligible for an expungement, whether the expungement should also
apply to any other offenses charged in addition to the underlying crime; and
new text end

new text begin (8) new text end if the person is eligible for resentencing to a lesser offense, the lesser sentence to be
imposed.

(b) The Cannabis Expungement Board shall make a reasonable and good faith effort to
notify any person whose conviction or stay of adjudication qualifies for an order of
expungement that the offense qualifies and notice is being sent to the judicial branch. Notice
sent pursuant to this paragraph shall inform the person that, following the order of
expungement, any records of an arrest, conviction, or incarceration should not appear on
any background check or study.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 609A.06, subdivision 12, is amended to read:

Subd. 12.

Order of expungement.

(a) Upon receiving notice that an offense qualifies
for expungement, the court shall issue an order sealing all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for an offense described
in subdivision 3 new text begin , and any other offenses charged in addition to the underlying crime if
identified by the Cannabis Expungement Board as eligible for expungement. In addition,
the court shall order all records, including those pertaining to probation, incarceration, or
supervision, held by the Department of Corrections or local correctional officials sealed new text end .
The courts shall not order the Department of Health; the Department of Children, Youth,
and Families; or the Department of Human Services to seal records under this section. If
the Cannabis Expungement Board determined that the person's conviction should be vacated
and charges should be dismissed, the order shall vacate and dismiss the charges.

(b) If the Cannabis Expungement Board determined that there is good cause to restore
the person's right to possess firearms and ammunition, the court shall issue an order pursuant
to section 609.165, subdivision 1d.

(c) If the Cannabis Expungement Board determined that an expunged record of a
conviction or stay of adjudication may not be opened for purposes of a background check
required under section 122A.18, subdivision 8, the court shall direct the order specifically
to the Professional Educator Licensing and Standards Board.

(d) The court administrator shall send a copy of an expungement order issued under this
section to each agency and jurisdiction whose records are affected by the terms of the order
and send a letter to the last known address of the person whose offense has been expunged
identifying each agency to which the order was sent.

(e) In consultation with the commissioner of human services, the court shall establish a
schedule on which it shall provide the commissioner of human services a list identifying
the name and court file number or, if no court file number is available, the citation number
of each record for a person who received an expungement under this section.

(f) Data on the person whose offense has been expunged in a letter sent under this
subdivision are private data on individuals as defined in section 13.02, subdivision 12.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end