How Long Do Drug Charges Stay on Your Record in Minnesota?

One of the most common questions we hear is whether a drug charge eventually disappears on its own. It does not. A Minnesota criminal record follows you until you take action to clear it, and a single possession case can surface on a job or housing application years later. This guide explains exactly how long a drug charge stays on your record, what the Clean Slate Act changed, and when you can have a drug record sealed.

Do drug charges ever come off your record automatically in Minnesota?

No drug charge disappears on its own. Minnesota records are permanent unless they are sealed. The Clean Slate Act now seals many qualifying records automatically, but sealing is not the same as deletion.
Under Minn. Stat. § 609A.01, expungement in Minnesota means a record is sealed, not destroyed. The information still exists in court and law enforcement systems; it is simply hidden from employers, landlords, and the general public. If you want the difference spelled out, see our explainer on expungement versus sealing in Minnesota.

How long does a dismissed or dropped drug charge stay on your record?

A dismissed drug charge still stays on your record until it is sealed, but you no longer have to wait years to clear it. Under the Clean Slate Act, Minn. Stat. § 609A.015, charges dismissed after a case was filed, and cases resolved in your favor, are now sealed automatically with no waiting period.
This matters because a dismissal is not the same as a clean record. Until the BCA seals the file, a dropped charge can still appear on a background check. We break this down further in why dismissed charges still show up on background checks.

What is a 152.18 stay of adjudication, and how does it clear a drug record?

A 152.18 resolution is a deferred outcome for many first-time fourth- or fifth-degree possession cases. Under Minn. Stat. § 152.18, the court places you on probation without entering a conviction, and the charge is dismissed once you complete the terms.
When that dismissal happens, the record qualifies for sealing, and a 152.18 expungement legally restores you to the status you held before the arrest. Under the Clean Slate Act, these dismissals are now sealed automatically. To understand the resolution itself, read our guides on getting drug possession charges dropped and fighting a fifth-degree possession charge.

How long until a drug conviction can be expunged in Minnesota?

A drug conviction stays on your record for life unless it is sealed, and you must wait a set crime-free period before it becomes eligible. The waiting period depends on whether the conviction is a misdemeanor, gross misdemeanor, or felony, and it runs from the date you are discharged from your sentence (usually discharge from probation).

Type of drug record	How long it stays on your record	When you can seal it
Arrest, no charge filed	Permanently, until sealed	Often sealable through the arresting agency or BCA if you have had no felony or gross misdemeanor in 10 years
Charge dismissed or resolved in your favor	Permanently, until sealed	Automatic, no waiting period (§ 609A.015)
First-time possession dismissed under § 152.18	Permanently, until sealed	Automatic after discharge
Misdemeanor drug conviction	Permanently, until sealed	2 years crime-free after discharge
Gross misdemeanor drug conviction	Permanently, until sealed	3 years crime-free after discharge
Fifth-degree felony possession (§ 152.025)	Permanently, until sealed	4 years after sentence discharge
Other qualifying drug felony	Permanently, until sealed	5 years after sentence discharge

Drug felonies under § 152.025 get a shorter four-year window than the standard five-year felony wait, which is a meaningful break for many possession clients. Our overview of felony drug charges in Minnesota covers what counts as a felony in the first place.

What about marijuana and cannabis charges?

Cannabis records follow a separate, faster track. After adult-use legalization, the BCA automatically sealed tens of thousands of small-amount cannabis records in 2024 under Minn. Stat. § 609A.055, with no petition required.
Felony-level cannabis convictions are handled by a dedicated Cannabis Expungement Board under § 609A.06, which was expanded in 2025 to review first-, second-, and third-degree offenses for sealing or resentencing. If you have an older marijuana case, it may already be sealed or in line for review.

Will a drug charge show up on a background check?

Yes. Until a drug record is sealed, it can appear on employment, housing, and licensing background checks, even if the charge was old or dismissed. Minnesota court records are public, and the BCA maintains a statewide criminal history that employers and landlords can access.
Sealing closes that record to the public, though criminal justice agencies keep limited access. The Minnesota Attorney General runs a free Statewide Expungement Program that screens records for eligibility, and our expungement attorneys can tell you which path is fastest for your case.

The bottom line

A drug charge does not expire on its own in Minnesota; it stays on your record until a court seals it. The fastest path depends on how your case ended: dismissals and first-time 152.18 outcomes seal automatically, while convictions run a 2-to-5-year crime-free clock. If a drug record is holding up a job, an apartment, or a license, the right move is to confirm which track yours falls on and start the sealing. Related reading: how long a felony stays on your record and how long a misdemeanor stays on your record.

FAQs

Does a drug charge stay on your record forever in Minnesota?

It can. A drug charge remains on your record indefinitely unless it is sealed through expungement. Minnesota seals records rather than destroying them, so taking action is the only way to remove a drug charge from public background checks.

How long after a drug conviction can I get it expunged?

It depends on the level. A misdemeanor requires 2 crime-free years after discharge, a gross misdemeanor 3 years, a fifth-degree felony 4 years, and most other drug felonies 5 years. The clock usually starts when you complete probation.

Do dropped drug charges still show up on background checks?

They can, until the record is sealed. A dismissal does not erase the file. Under the Clean Slate Act, dismissed charges are now sealed automatically, but there can be a lag before the BCA completes the sealing.

Does the Clean Slate Act remove drug felonies automatically?

Some qualify and some do not. Many low-level and dismissed drug records are sealed automatically, but eligibility depends on the specific offense and your full record. An attorney can confirm whether your felony is on the automatic list or needs a petition.

Can a drug charge affect my gun rights even after expungement?

It can. Sealing a record does not automatically restore firearm rights for certain offenses. See our guide on whether a felony drug charge affects your gun rights for details.