Minnesota Drug Offense Expungement Attorneys

Reviewed: May 15, 2026

Drug offenses are among the most common convictions Minnesotans seek to expunge. Many controlled substance offenses under Minn. Stat. chapter 152 are eligible under the statutory expungement framework of § 609A.02. Eligibility depends on whether the conviction is a misdemeanor, gross misdemeanor, or felony — and whether the specific felony is listed in the enumerated eligible-felony category.

At a glance

✓ Misdemeanor/gross misdemeanor drug convictions: 2-year wait
✓ Some felony drug convictions: 5-year wait if listed in § 609A.02
✓ Stays of adjudication completed = eligible immediately
✓ 1st-3rd degree controlled substance crimes generally not eligible
✓ Drug court graduation often results in dismissal = immediate eligibility

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

Eligible drug convictions

Misdemeanor and gross misdemeanor controlled substance convictions are eligible after 2 years of crime-free time following discharge. This covers most simple possession charges (5th-degree possession).

Certain felony drug convictions are listed in § 609A.02, subd. 3(b) as eligible after 5 crime-free years — typically including 5th-degree possession as a felony and some lower-level sale charges. Higher-degree controlled substance crimes (1st–3rd degree) and large-scale trafficking are generally not eligible for statutory expungement.

Stays of adjudication for drug offenses

A "stay of adjudication" — where the court withholds a finding of guilt and places the defendant on probation — is eligible for statutory expungement immediately after the stay is completed and the case dismissed. First-time drug offenders who received a stay may not even need to wait the 2-5 year period if the stay was successfully completed.

Statutes cited

Minn. Stat. § 609A.02 (Expungement eligibility) — Minn. Stat. § 609A.02
Minn. Stat. ch. 152 (Controlled substances) — Minn. Stat. ch. 152

Frequently asked questions

Can I expunge a 5th-degree drug possession conviction?

Yes. Fifth-degree controlled substance offense as a misdemeanor or gross misdemeanor is expungeable after 2 crime-free years. As a felony, it is listed in the § 609A.02 eligible felony list and can be expunged after 5 crime-free years.

What about a drug-related DWI?

DWI offenses (including drug-impaired driving under § 169A) are generally not eligible for statutory expungement regardless of the substance involved.

I completed drug court — does that help?

Yes. Successful graduation from drug court typically results in a stay of adjudication being completed and the case dismissed. The dismissed record is eligible for expungement immediately after dismissal.

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