Are 3rd degree controlled substance convictions automatically expunged in Minnesota?
In 2023, Minnesota passed the Clean Slate Act. This brought about sweeping changes in Minnesota’s expungement law. Many misdemeanors , with some exceptions, can be automatically expunged. And there are even certain felonies that can also be automatically expunged. Prior to 2023, there was no automatic expungements. But Clean Slate Act was enacted to make it easier for people to clear their record. Expungement can be a difficult process that involves filing the right papers, serving the right people, and arguing the best arguments to the judge. Automatic expungement removes the barriers that stand in the way of some people getting expungement.
The Nuances of 3rd Degree Controlled Substance Expungement
Prior to 2023, there was no way to expunge a 3rd degree controlled substance crime. But part of the changes in the new expungement law was opening 3rd degree controlled substance possession or sales to expungement. Without more knowledge, you might assumed you’re your 3rd degree controlled substance case will be automatically expunged. However, the automatic expungement law does not extend 3rd degree controlled substances. Minn. Stat. 609A.015 subd. 3(b)(4)(i). What the new law did is open up the potential for you to petition the court for an expungement of a 3rd degree drug crime, it did not grant automatic expungement. If you were convicted of a 3rd degree controlled substance crime, it will remain on your record forever unless you petition the court for expungement.
Conclusion
If you want to expunge your criminal records, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements. There are many attorneys in the state of Minnesota who offer to do expungement, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650.
Peter Lindstrom
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense, bringing both his intelligence and creativity in advocacy. Peter has been successful in getting DWI’s, felonies, and domestics expunged. If you want your record cleared, you want Peter and the team at Jack Rice Defense in your corner.
