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State legislators approved a bill that called for the expunction of lower-level marijuana-related criminal records following the legalization of recreational cannabis.

Marijuana Legalization

In 2023, Minnesota’s Governor Tim Walz signed a bill that legalized the use of recreational medical marijuana by individuals who are at least 21 years old. The law stated that as of August 01, it would be legal for residents to use marijuana and to grow it at home. A limit of 2 pounds at home and 2 ounces in public was established.

Following the implementation of this bill, it was recognized that many people would have criminal records for actions that had been decriminalized. To help resolve this, a program was established to seal those records.

Expunging Cannabis Convictions

Misdemeanors and petty misdemeanors that are related to cannabis were scheduled to be automatically expunged for Minnesotans. This was expected to take about one year and result in the sealing of around 58,000 criminal records. In May 2024, the Minnesota Department of Public Safety announced that this process was completed earlier than expected.

People who have more serious records, such as for offenses that are still illegal, may file a request to have their records expunged. Additionally, individuals who are incarcerated for felony offenses may ask to have their case reviewed in the hopes of being granted a lesser sentence. All such requests will be evaluated by the Cannabis Expungement Board, who will start assessing these cases towards the end of 2024.

What Employers Should Know

When criminal records are expunged, they are no longer publicly available. Employers in the North Star state should be aware that numerous convictions have been sealed and therefore must not be used for employment purposes. Hiring managers may not rely on them when considering applicants or existing employees.

One of the best way to avoid inadvertently reviewing expunged records is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must go through an intensive third-party audit and demonstrate they take reasonable steps to only provide records that are accurate, reportable and current.

Employers everywhere should know that states, counties and cities throughout the nation are passing laws to help people with criminal records gain second chances to rejoin society. We recommend consulting with legal counsel to ensure you are compliant with any bills that are in effect where you operate.

Running Background Checks

If your business is looking for employment background checks, please contact us. Backgrounds Online is proud to be an accredited CRA with more than 20 years of experience as a leader in our industry.

Our highly trained team can help you customize background check packages that are perfectly tailored to your specific needs, industry regulations and relevant laws. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.