Can I Expunge My Drug or Controlled Substance Conviction? A Minnesota Expungement Attorney Explains
Minnesota has significantly expanded its expungement laws in recent years, giving many people new opportunities to clear their criminal records. Most of the headlines focused on marijuana and cannabis offenses—but what about other controlled substances such as cocaine, methamphetamine and heroin?
If you have a drug or controlled substance conviction, you may be wondering whether the new laws apply to you. The answer depends on the degree of the offense and the outcome of your case.
Controlled Substance Cases Eligible for Automatic Expungement
If you were convicted of a 5th degree controlled substance offense, you may qualify for automatic expungement if:
- You have no new criminal convictions for four years after discharge from probation.
There are a few important caveats including that an automatic expungement does not apply to records kept by the Minnesota Department of Health and Minnesota Department of Human Services. Minnesota Statute 609A.015 subd. 1(3)(d). Which is a big deal if you work in child care, health care, human services, or any other field that is regulated by these agencies. I’ve spoken with many people who have believed that there record was gone, but didn’t realize that the Minnesota Department of Human Service still had their records. If you’re going to nursing school but have a record that would disqualify you, an automatic expungement does nothing for you. For people who work in fields or plan to work in fields impacted by these departments it’s important to petition for expungement of their records from these departments, because an automatic expungement doesn’t touch these agencies. Subzero Expungements, Pardons & Appeals would be happy to help.
Controlled Substance Cases That Are NOT Automatically Expunged
For 1st, 2nd, 3rd, and 4th degree controlled substance convictions, there is no automatic expungement under Minnesota law. However, that does not mean you are out of options.
New Expungement Opportunities for 3rd and 4th Degree Drug Convictions
Before 2023, 3rd and 4th degree controlled substance convictions were completely ineligible for expungement—you could not even ask the court.
That changed in 2023. Now, you can petition the court to expunge:
- 3rd degree controlled substance convictions
- 4th degree controlled substance convictions
See Minn. Stat. § 609A.015, subd. (a)(4)(i)–(ii).
If your controlled substance case was a 3rd or 4th degree offense, you should speak with an expungement attorney to evaluate your eligibility and build a strong petition.
1st and 2nd Degree Drug Convictions: Pardons May Be the Only Option
If you were convicted of a 1st or 2nd degree felony drug offense, you are not eligible for expungement under current Minnesota law.
However, you may be eligible for a pardon, which can restore rights and relieve many collateral consequences of a conviction. Pardons are granted by the Minnesota Board of Pardons and involve a complex application and hearing process. Legal representation is strongly recommended.
Talk to a Minnesota Expungement or Pardon Attorney
If you want to clear a drug conviction from your record—whether through expungement or a pardon—you need an attorney who focuses on expungements and pardons. Expungement and pardon law is technical, constantly evolving, and full of strategic opportunities that many general practitioners overlook.
Contact Subzero Expungements, Pardons & Appeals today for a free consultation:
📞 651-248-5142