Minnesota is attempting something few states have tried: clearing thousands of marijuana convictions automatically, without requiring anyone to petition the courts.
On Wednesday, state officials and legal experts gathered at the Sabathani Community Center in South Minneapolis to outline the scope of what they called one of the most ambitious government-led expungement efforts in the country. The Cannabis Expungement Board has begun reviewing felony-level cases for possible expungement or resentencing, while the Bureau of Criminal Apprehension (BCA) has already cleared more than 57,000 low-level marijuana records.
“Prohibition and the over-policing of specific communities is a harm the government did,” said State Senator Lindsey Port, one of the authors of Minnesota’s 2023 cannabis legalization law. “It is our job, as the government, to undo that harm.”
Minnesota’s law created two tracks for expungement. Low-level marijuana cases, including petty and misdemeanor offenses, are automatically handled by the BCA. More serious felony convictions are reviewed individually by the Cannabis Expungement Board, which includes a mix of legal, corrections, and child welfare officials.
“This is a chance to show that the state can take responsibility for the harm it caused. It’s a test of justice in action.”
Unlike many other states, Minnesota does not require people to petition a court, pay a filing fee, or wait for a judge’s discretion. Former Minneapolis City Attorney Jim Rowader, now executive director of the board, said the board is preparing to review thousands of felony cases over the next year.
“That’s huge,” said attorney Jon Geffen, who has worked on expungement cases for two decades. “If you go to a job interview or try to rent housing, you need to know what’s on your record. This ensures everyone has that opportunity.”
The human cost
Felony convictions under Minnesota’s fifth-degree controlled-substance statute, which for a period included the sale or possession of marijuana, can carry lifelong consequences. Even a single fifth-degree conviction can block access to federal student loans, prevent applicants from renting housing, and limit employment opportunities.
Amanda Brodhag, a Hennepin County public defender who serves on the board, said clearing these records can have transformative effects. “When that record is expunged, doors finally open,” she said. “People can pursue education, secure stable housing, and access jobs they were previously barred from.”
Legal experts say the scale of Minnesota’s effort is rare. Most states that allow marijuana expungement require individuals to file petitions, pay fees, and navigate court systems, a process many find intimidating or inaccessible. Minnesota’s automatic approach shifts the burden from individuals to the state, a change advocates say is crucial for justice.
A philosophical shift
Judge Christopher Bates, who participated in the panel, framed the board’s work as part of a broader shift in Minnesota’s legal philosophy.
“Historically, our criminal justice system is aimed at punishing people for the acts they’ve done,” Bates said. “I see this as a way to shift that focus toward restoration, repairing harm rather than just punishing it.”
The board includes legal, corrections, and child welfare officials to ensure decisions balance justice, rehabilitation, and social services. Members are Brodhag, former Court of Appeals judge Susan Segal, Assistant U.S. Attorney David Genrich, Deputy Commissioner Safia Khan, Rebecca St. George of the Department of Children, Youth & Families, and Rowader as executive director.
Challenges ahead
While the expungement process is underway, officials acknowledge challenges. The system must ensure that automatic reviews are accurate and comprehensive, while also managing thousands of records across multiple jurisdictions.
“This is a test of whether we can follow through,” Geffen said. “The remedies have to be across the board. It can’t be some records here, some records there.”
Minnesota’s program also raises questions about trust: Can a government that once criminalized marijuana now be relied upon to erase its own mistakes? Reform advocates say the effort is a critical step toward repairing past harms and creating a more equitable legal system.
National context
Minnesota’s approach is rare in the United States. Few states have attempted government-initiated expungement on this scale. Advocates say the model could set a precedent for other states considering ways to address the long-term consequences of marijuana criminalization.
“This is a chance to show that the state can take responsibility for the harm it caused,” Brodhag said. “It’s more than a legal process — it’s a test of justice in action.”
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