Bill Text: MN HF2576 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Criminal record expungement governing provisions modified, business screening services required to delete expunged records, and eviction record expungement allowed in some cases.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2014-05-15 - Secretary of State Chapter 246 05/14/14 [HF2576 Detail]
Download: Minnesota-2013-HF2576-Engrossed.html
1.2relating to criminal justice; modifying provisions governing expungement of
1.3criminal records; requiring business screening services to delete expunged
1.4records; allowing expungement of eviction records in certain cases;amending
1.5Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision
1.61; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345,
1.7subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 3, 5, 7, 8,
1.8by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.9chapter 609A.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 245C.22, subdivision 7, is amended to read:
1.12 Subd. 7. Classification of certain data. (a) Notwithstanding section13.46 , except
1.13as provided in paragraph (f), upon setting aside a disqualification under this section, the
1.14identity of the disqualified individual who received the set-aside and the individual's
1.15disqualifying characteristics are public data if the set-aside was:
1.16(1) for any disqualifying characteristic under section245C.15 , when the set-aside
1.17relates to a child care center or a family child care provider licensed under chapter 245A; or
1.18(2) for a disqualifying characteristic under section245C.15, subdivision 2 .
1.19(b) Notwithstanding section13.46 , upon granting a variance to a license holder
1.20under section245C.30 , the identity of the disqualified individual who is the subject of
1.21the variance, the individual's disqualifying characteristics under section245C.15 , and the
1.22terms of the variance are public data, when the variance:
1.23(1) is issued to a child care center or a family child care provider licensed under
1.24chapter 245A; or
1.25(2) relates to an individual with a disqualifying characteristic under section245C.15,
1.26subdivision 2 .
2.1(c) The identity of a disqualified individual and the reason for disqualification
2.2remain private data when:
2.3(1) a disqualification is not set aside and no variance is granted, except as provided
2.4under section13.46, subdivision 4 ;
2.5(2) the data are not public under paragraph (a) or (b);
2.6(3) the disqualification is rescinded because the information relied upon to disqualify
2.7the individual is incorrect;
2.8(4) the disqualification relates to a license to provide relative child foster care.
2.9As used in this clause, "relative" has the meaning given it under section260C.007,
2.10subdivision 27 ; or
2.11(5) the disqualified individual is a household member of a licensed foster care
2.12provider and:
2.13(i) the disqualified individual previously received foster care services from this
2.14licensed foster care provider;
2.15(ii) the disqualified individual was subsequently adopted by this licensed foster
2.16care provider; and
2.17(iii) the disqualifying act occurred before the adoption.
2.18(d) Licensed family child care providers and child care centers must provide notices
2.19as required under section245C.301 .
2.20(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
2.21are the subject of a disqualification related set-aside or variance is not public data if:
2.22(1) the household member resides in the residence where the family child care is
2.23provided;
2.24(2) the subject of the set-aside or variance is under the age of 18 years; and
2.25(3) the set-aside or variance only relates to a disqualification under section245C.15 ,
2.26subdivision 4, for a misdemeanor-level theft crime as defined in section609.52 .
2.27(f) When the commissioner has reason to know that a disqualified individual has
2.28received an order for expungement for the disqualifying record that does not limit the
2.29commissioner's access to the record, and the record was opened or exchanged with the
2.30commissioner for purposes of a background study under this chapter, the data that would
2.31otherwise become public under paragraph (a) or (b) remain private data.
2.32 Sec. 2. Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read:
2.33 Subdivision 1. Disqualification that is rescinded or set aside. (a) If the
2.34commissioner rescinds or sets aside a disqualification, the commissioner shall notify the
3.1applicant, license holder, or other entity in writing or by electronic transmission of the
3.2decision.
3.3(b) In the notice from the commissioner that a disqualification has been rescinded,
3.4the commissioner must inform the applicant, license holder, or other entity that the
3.5information relied upon to disqualify the individual was incorrect.
3.6(c) Except as provided in paragraph (d), in the notice from the commissioner
3.7that a disqualification has been set aside, the commissioner must inform the applicant,
3.8license holder, or other entity of the reason for the individual's disqualification and that
3.9information about which factors under section245C.22, subdivision 4 , were the basis
3.10of the decision to set aside the disqualification are available to the license holder upon
3.11request without the consent of the background study subject.
3.12(d) When the commissioner has reason to know that a disqualified individual has
3.13received an order for expungement for the disqualifying record that does not limit the
3.14commissioner's access to the record, and the record was opened or exchanged with the
3.15commissioner for purposes of a background study under this chapter, the information
3.16provided under paragraph (c) must only inform the applicant, license holder, or other
3.17entity that the disqualifying criminal record is sealed under a court order.
3.18 Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
3.19 Subd. 6. Expungement.Except when legal custody is transferred under the
3.20provisions of subdivision 1, clause (4), (a) The court may expunge the adjudication
3.21of all records relating to delinquency at any time that it deems advisable if the court
3.22determines that expungement of the record would yield a benefit to the subject of the
3.23record that outweighs the detriment to the public and public safety in sealing the record
3.24and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
3.25and monitoring the order.
3.26(b) In making a determination under this subdivision, the court shall consider:
3.27(1) the age, education, experience, and background, including mental and emotional
3.28development, of the subject of the record at the time of commission of the offense;
3.29(2) the circumstances and nature and severity of the offense, including any
3.30aggravating or mitigating factors in the commission of the offense;
3.31(3) victim and community impact, including age and vulnerability of the victim;
3.32(4) the level of participation of the subject of the record in the planning and carrying
3.33out of the offense, including familial or peer influence in the commission of the offense;
3.34(5) the juvenile delinquency and criminal history of the subject of the record;
4.1(6) the programming history of the subject of the record, including child welfare,
4.2school and community-based, and probation interventions, and the subject's willingness to
4.3participate meaningfully in programming, probation, or both;
4.4(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.5potential for rehabilitation of the subject of the record; and
4.6(8) the benefit that expungement would yield to the subject of the record in pursuing
4.7education, employment, housing, or other necessities.
4.8(c) A record expunged under this subdivision prior to the effective date of this act
4.9may not be opened or exchanged. A record expunged under this subdivision on or after
4.10the effective date of this act is sealed and access only allowed pursuant to paragraph (d).
4.11(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.12on or after the effective date of this act may be opened, used, or exchanged between
4.13criminal justice agencies in the same manner as a criminal record under section 609A.03,
4.14subdivision 7a, paragraph (b).
4.15(e) Section 609A.03, subdivision 3, paragraph (d), applies to the disclosure of private
4.16or confidential data in a proceeding under this subdivision. Section 609A.03, subdivision
4.179, applies to an appeal of an order under this subdivision.
4.18EFFECTIVE DATE.This section is effective January 1, 2015.
4.19 Sec. 4. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.20to read:
4.21 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.22a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.23service shall promptly delete the record.
4.24 Sec. 5. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
4.25 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
4.26immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
4.27tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
4.28for the costs and also immediately issue a writ of recovery of premises and order to vacate.
4.29(b) The court shall give priority in issuing a writ of recovery of premises and order
4.30to vacate for an eviction action brought under section504B.171 or on the basis that the
4.31tenant is causing a nuisance or seriously endangers the safety of other residents, their
4.32property, or the landlord's property.
4.33(c) If the court or jury finds for the defendant,:
5.1 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
5.2and issue execution in favor of the defendant; and
5.3(2) the court may expunge the records relating to the action under the provisions of
5.4section 484.014 or under the court's inherent authority at the time judgment is entered or
5.5after that time upon motion of the defendant.
5.6(d) Except in actions brought: (1) under section504B.291 as required by section
5.7609.5317, subdivision 1
; (2) under section
504B.171 ; or (3) on the basis that the tenant is
5.8causing a nuisance or seriously endangers the safety of other residents, their property, or
5.9the landlord's property, upon a showing by the defendant that immediate restitution of the
5.10premises would work a substantial hardship upon the defendant or the defendant's family,
5.11the court shall stay the writ of recovery of premises and order to vacate for a reasonable
5.12period, not to exceed seven days.
5.13 Sec. 6. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
5.14 Subd. 3. Certain criminal proceedingsnot resulting in conviction. (a) A petition
5.15may be filed under section609A.03 to seal all records relating to an arrest, indictment or
5.16information, trial, or verdict if the records are not subject to section299C.11, subdivision
5.171 , paragraph (b), and if:
5.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
5.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
5.20resolution in favor of the petitioner.;
5.21(2) the petitioner has successfully completed the terms of a diversion program or
5.22stay of adjudication and has not been charged with a new crime for at least one year since
5.23completion of the diversion program or stay of adjudication;
5.24(3) the petitioner was convicted of or received a stayed sentence for a petty
5.25misdemeanor or misdemeanor and has not been convicted of a new crime for at least two
5.26years since discharge of the sentence for the crime;
5.27(4) the petitioner was convicted of or received a stayed sentence for a gross
5.28misdemeanor and has not been convicted of a new crime for at least four years since
5.29discharge of the sentence for the crime; or
5.30(5) the petitioner was convicted of or received a stayed sentence for a felony
5.31violation of an offense listed in paragraph (b), and has not been convicted of a new crime
5.32for at least five years since discharge of the sentence for the crime.
5.33(b) Paragraph (a), clause (5), applies to the following offenses:
5.34(1) section 35.824 (altering livestock certificate);
5.35(2) section 62A.41 (insurance regulations);
6.1(3) section 86B.865, subdivision 1 (certification for title on watercraft);
6.2(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
6.3simulated controlled substance);
6.4(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
6.5subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
6.6(6) chapter 201; 203B; or 204C (voting violations);
6.7(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
6.8(8) section 256.984 (false declaration in assistance application);
6.9(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
6.10(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
6.11(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
6.12(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
6.13notices and solicitations);
6.14(13) section 346.155, subdivision 10 (failure to control regulated animal);
6.15(14) section 349.2127; or 349.22 (gambling regulations);
6.16(15) section 588.20 (contempt);
6.17(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
6.18(17) section 609.31 (leaving state to evade establishment of paternity);
6.19(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
6.20civil commitment for mental illness);
6.21(19) section 609.49 (failure to appear in court);
6.22(20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
6.23theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
6.24(theft of $1,000 or less with risk of bodily harm);
6.25(21) section 609.525 (bringing stolen goods into state);
6.26(22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
6.27(23) section 609.527, subdivision 5b (possession or use of scanning device or
6.28reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
6.29check); or 609.529 (mail theft);
6.30(24) section 609.53 (receiving stolen goods);
6.31(25) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
6.32over $500);
6.33(26) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
6.34(27) section 609.551 (rustling and livestock theft);
6.35(28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
6.36(29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
7.1(30) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
7.2(a) (criminal damage to property);
7.3(31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
7.4(32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
7.54, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
7.6pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
7.7(33) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
7.84, paragraph (a) (lottery fraud);
7.9(34) section 609.652 (fraudulent driver's license and identification card);
7.10(35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
7.11or 609.66, subdivision 1b (furnishing firearm to minor);
7.12(36) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
7.13(37) section 609.686, subdivision 2 (tampering with fire alarm);
7.14(38) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
7.15subsequent violation or minor victim);
7.16(39) section 609.80, subdivision 2 (interference with cable communications system);
7.17(40) section 609.821, subdivision 2 (financial transaction card fraud);
7.18(41) section 609.822 (residential mortgage fraud);
7.19(42) section 609.825, subdivision 2 (bribery of participant or official in contest);
7.20(43) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
7.21transit operator);
7.22(44) section 609.88 (computer damage); or 609.89 (computer theft);
7.23(45) section 609.893, subdivision 2 (telecommunications and information services
7.24fraud);
7.25(46) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
7.26(47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
7.27property);
7.28(48) section 609.896 (movie pirating);
7.29(49) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
7.30624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
7.31subdivision 2 (transfer of pistol to ineligible person); or
7.32(50) section 624.7181 (rifle or shotgun in public by minor).
7.33(c) Paragraph (a), clause (3) or (4), does not apply if the crime involved domestic
7.34abuse or sexual assault, as defined in section 518B.01, subdivision 2, or to violation of
7.35an order for protection under section 518B.01, subdivision 14, a harassment restraining
8.1order under section 609.748, subdivision 6, a violation of section 609.749, or a violation
8.2of section 629.75. This paragraph expires on July 15, 2015.
8.3EFFECTIVE DATE.This section is effective January 1, 2015.
8.4 Sec. 7. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
8.5PROSECUTOR AGREEMENT AND NOTIFICATION.
8.6(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the
8.7criminal record for a person described in section 609A.02, subdivision 3, without the filing
8.8of a petition unless it determines that the interests of the public and public safety in keeping
8.9the record public outweigh the disadvantages to the subject of the record in not sealing it.
8.10(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
8.11make a good faith effort to notify any identifiable victims of the offense of the intended
8.12agreement and the opportunity to object to the agreement.
8.13(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
8.14for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
8.15occur before or after the criminal charges are dismissed.
8.16EFFECTIVE DATE.This section is effective January 1, 2015.
8.17 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.18 Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
8.19record who is seeking the expungement of the record shall file a petition under this section
8.20and pay a filing fee in the amount required under section357.021, subdivision 2 , clause
8.21(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.22described in section609A.02, subdivision 3, paragraph (a), clause (1) .
8.23EFFECTIVE DATE.This section is effective January 1, 2015.
8.24 Sec. 9. Minnesota Statutes 2012, section 609A.03, subdivision 3, is amended to read:
8.25 Subd. 3. Service of petition and proposed order. (a) The petitioner shall serve by
8.26mail the petition for expungement and a proposed expungement order on the prosecutorial
8.27office that had jurisdiction over the offense for which expungement is sought and all
8.28other state and local government agencies and jurisdictions whose records would be
8.29affected by the proposed order. The petitioner shall also serve by mail the attorney for
8.30each agency and jurisdiction.
8.31(b) The prosecutorial office that had jurisdiction over the offense for which
8.32expungement is sought shall serve by mail the petition for expungement and a proposed
9.1expungement order on any victims of the offense for which expungement is sought who
9.2have requested notice of expungement pursuant to section611A.06 . Service under this
9.3paragraph does not constitute a violation of an existing order for protection, restraining
9.4order, or other no contact order.
9.5(c) The prosecutorial office's notice to victims of the offense under this subdivision
9.6must specifically inform the victims of the victims' right to be present and to submit an
9.7oral or written statement at the expungement hearing described in subdivision 4.
9.8(d) An agency or jurisdiction that is served with a petition under this subdivision
9.9may submit to the court private or confidential data on the petitioner that the agency or
9.10jurisdiction determines is necessary to respond to the petition. As part of the submission,
9.11the agency or jurisdiction shall inform the court and the petitioner that the submission
9.12contains private or confidential data that may become accessible to the public as part of
9.13the expungement proceeding. The petitioner may, at the time of filing the petition or after
9.14that time, file a request with the court to seal the private or confidential data that are
9.15submitted by the agency or jurisdiction.
9.16EFFECTIVE DATE.This section is effective the day following final enactment.
9.17 Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
9.18 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
9.19paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
9.20only upon clear and convincing evidence that it would yield a benefit to the petitioner
9.21commensurate with the disadvantages to the public and public safety of:
9.22(1) sealing the record; and
9.23(2) burdening the court and public authorities to issue, enforce, and monitor an
9.24expungement order.
9.25(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
9.26for the sealing of a criminal record under section609A.02, subdivision 3 , paragraph (a),
9.27clause (1) or (2), the court shall grant the petition to seal the record unless the agency
9.28or jurisdiction whose records would be affected establishes by clear and convincing
9.29evidence that the interests of the public and public safety outweigh the disadvantages
9.30to the petitioner of not sealing the record.
9.31(c) In making a determination under this subdivision, the court shall consider:
9.32(1) the nature and severity of the underlying crime, the record of which would
9.33be sealed;
9.34(2) the risk, if any, the petitioner poses to individuals or society;
9.35(3) the length of time since the crime occurred;
10.1(4) the steps taken by the petitioner toward rehabilitation following the crime;
10.2(5) aggravating or mitigating factors relating to the underlying crime, including the
10.3petitioner's level of participation and context and circumstances of the underlying crime;
10.4(6) the reasons for the expungement, including the petitioner's attempts to obtain
10.5employment, housing, or other necessities;
10.6(7) the petitioner's criminal record;
10.7(8) the petitioner's record of employment and community involvement;
10.8(9) the recommendations of interested law enforcement, prosecutorial, and
10.9corrections officials;
10.10(10) the recommendations of victims or whether victims of the underlying crime
10.11were minors;
10.12(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
10.13toward payment, and the measures in place to help ensure completion of restitution
10.14payment after expungement of the record if granted; and
10.15(12) other factors deemed relevant by the court.
10.16(c) (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the
10.17court issues an expungement order it may require that the criminal record be sealed, the
10.18existence of the record not be revealed, and the record not be opened except as required
10.19under subdivision 7. Records must not be destroyed or returned to the subject of the record.
10.20 (e) Information relating to a criminal history record of an employee, former
10.21employee, or tenant that has been expunged before the occurrence of the act giving rise
10.22to the civil action may not be introduced as evidence in a civil action against a private
10.23employer or landlord or its employees or agents that is based on the conduct of the
10.24employee, former employee, or tenant.
10.25EFFECTIVE DATE.This section is effective January 1, 2015.
10.26 Sec. 11. Minnesota Statutes 2012, section 609A.03, is amended by adding a
10.27subdivision to read:
10.28 Subd. 6a. Order when context and circumstances of the underlying crime
10.29indicate a nexus between the criminal record to be expunged and person's status as a
10.30crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause
10.31(5), that the context and circumstances of the underlying crime indicate a nexus between
10.32the criminal record to be expunged and the person's status as a crime victim, then the effect
10.33of the court order to seal the record of the proceedings shall be to restore the person, in the
10.34contemplation of the law, to the status the person occupied before the arrest, indictment,
10.35or information. The person shall not be guilty of perjury or otherwise of giving a false
11.1statement if the person fails to acknowledge the arrest, indictment, information, or trial in
11.2response to any inquiry made for any purpose. The court may request a sworn statement
11.3from a staff member of a state-funded victim services organization or a licensed health
11.4care provider as evidence to support a determination under section 609A.03, subdivision 5.
11.5EFFECTIVE DATE.This section is effective January 1, 2015.
11.6 Sec. 12. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
11.7 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
11.8to a charge supported by probable cause, the DNA samples and DNA records held by
11.9the Bureau of Criminal Apprehension and collected under authority other than section
11.10299C.105
, shall not be sealed, returned to the subject of the record, or destroyed.
11.11(b) Notwithstanding the issuance of an expungement order:
11.12(1) an expunged record may be opened for purposes of a criminal investigation,
11.13prosecution, or sentencing, upon an ex parte court order;
11.14(2) an expunged record of a conviction may be opened for purposes of evaluating a
11.15prospective employee in a criminal justice agency without a court order; and
11.16(3) an expunged record of a conviction may be opened for purposes of a background
11.17study under section245C.08 unless the court order for expungement is directed
11.18specifically to the commissioner of human services.
11.19Upon request by law enforcement, prosecution, or corrections authorities, an agency
11.20or jurisdiction subject to an expungement order shall inform the requester of the existence
11.21of a sealed record and of the right to obtain access to it as provided by this paragraph. For
11.22purposes of this section, a "criminal justice agency" means courts or a government agency
11.23that performs the administration of criminal justice under statutory authority.
11.24(c) This subdivision applies to expungement orders subject to its limitations and
11.25effective before January 1, 2015.
11.26EFFECTIVE DATE.This section is effective January 1, 2015.
11.27 Sec. 13. Minnesota Statutes 2012, section 609A.03, is amended by adding a
11.28subdivision to read:
11.29 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
11.30to a charge supported by probable cause, the DNA samples and DNA records held by
11.31the Bureau of Criminal Apprehension and collected under authority other than section
11.32299C.105 shall not be sealed, returned to the subject of the record, or destroyed.
11.33(b) Notwithstanding the issuance of an expungement order:
12.1(1) except as provided in clause (2), an expunged record may be opened, used,
12.2or exchanged between criminal justice agencies without a court order for the purposes
12.3of initiating, furthering, or completing a criminal investigation or prosecution or for
12.4sentencing purposes or providing probation or other correctional services;
12.5(2) when a criminal justice agency seeks access to a record that was sealed under
12.6section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order
12.7dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution,
12.8or sentencing, the requesting agency must obtain an ex parte court order after stating a
12.9good-faith basis to believe that opening the record may lead to relevant information;
12.10(3) an expunged record of a conviction may be opened for purposes of evaluating a
12.11prospective employee in a criminal justice agency without a court order;
12.12(4) an expunged record of a conviction may be opened for purposes of a background
12.13study under section245C.08 unless the commissioner had been properly served with
12.14notice of the petition for expungement and the court order for expungement is directed
12.15specifically to the commissioner of human services;
12.16(5) an expunged record of a conviction may be opened for purposes of a background
12.17check required under section 122A.18, subdivision 8, unless the court order for
12.18expungement is directed specifically to the Board of Teaching or the licensing division of
12.19the Department of Education; and
12.20(6) the court may order an expunged record opened upon request by the victim of
12.21the underlying offense if the court determines that the record is substantially related to a
12.22matter for which the victim is before the court.
12.23(c) An agency or jurisdiction subject to an expungement order shall maintain the
12.24record in a manner that provides access to the record by a criminal justice agency under
12.25paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.
12.26The Bureau of Criminal Apprehension shall notify the commissioner of human services,
12.27the Board of Teaching, or the licensing division of the Department of Education of the
12.28existence of a sealed record and of the right to obtain access under paragraph (b), clause
12.29(4) or (5). Upon request, the agency or jurisdiction subject to the expungement order
12.30shall provide access to the record to the commissioner of human services, the Board
12.31of Teaching, or the licensing division of the Department of Education under paragraph
12.32(b), clause (4) or (5).
12.33(d) An expunged record that is opened or exchanged under this subdivision remains
12.34subject to the expungement order in the hands of the person receiving the record.
13.1(e) A criminal justice agency that receives an expunged record under paragraph (b),
13.2clause (1) or (2), must maintain and store the record in a manner that restricts the use of
13.3the record to the investigation, prosecution, or sentencing for which it was obtained.
13.4(f) For purposes of this section, a "criminal justice agency" means a court or
13.5government agency that performs the administration of criminal justice under statutory
13.6authority.
13.7(g) This subdivision applies to expungement orders subject to its limitations and
13.8effective on or after January 1, 2015.
13.9EFFECTIVE DATE.This section is effective January 1, 2015.
13.10 Sec. 14. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
13.11 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
13.12administrator shall send a copy of an expungement order to each agency and jurisdiction
13.13whose records are affected by the terms of the order and send a letter to the petitioner
13.14identifying each agency that received the order.
13.15(b) If requested in the petition, each agency and jurisdiction receiving the order must
13.16send a letter to the petitioner at an address provided in the petition confirming the receipt
13.17of the expungement order and that the record has been expunged.
13.18(c) Data on the petitioner in a letter sent under this subdivision are private data
13.19on individuals as defined in section 13.02.
13.20EFFECTIVE DATE.This section is effective January 1, 2015.
13.21 Sec. 15. [609A.04] REMEDY.
13.22An individual whose record is expunged under this chapter or other law may bring
13.23an action under section 13.08 against a government entity that knowingly opens or
13.24exchanges the expunged record in a manner not authorized by law.
1.3criminal records; requiring business screening services to delete expunged
1.4records; allowing expungement of eviction records in certain cases;amending
1.5Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision
1.61; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345,
1.7subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 3, 5, 7, 8,
1.8by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.9chapter 609A.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 245C.22, subdivision 7, is amended to read:
1.12 Subd. 7. Classification of certain data. (a) Notwithstanding section
1.13as provided in paragraph (f), upon setting aside a disqualification under this section, the
1.14identity of the disqualified individual who received the set-aside and the individual's
1.15disqualifying characteristics are public data if the set-aside was:
1.16(1) for any disqualifying characteristic under section
1.17relates to a child care center or a family child care provider licensed under chapter 245A; or
1.18(2) for a disqualifying characteristic under section
1.19(b) Notwithstanding section
1.20under section
1.21the variance, the individual's disqualifying characteristics under section
1.22terms of the variance are public data, when the variance:
1.23(1) is issued to a child care center or a family child care provider licensed under
1.24chapter 245A; or
1.25(2) relates to an individual with a disqualifying characteristic under section
1.26subdivision 2
2.1(c) The identity of a disqualified individual and the reason for disqualification
2.2remain private data when:
2.3(1) a disqualification is not set aside and no variance is granted, except as provided
2.4under section
2.5(2) the data are not public under paragraph (a) or (b);
2.6(3) the disqualification is rescinded because the information relied upon to disqualify
2.7the individual is incorrect;
2.8(4) the disqualification relates to a license to provide relative child foster care.
2.9As used in this clause, "relative" has the meaning given it under section
2.10subdivision 27
2.11(5) the disqualified individual is a household member of a licensed foster care
2.12provider and:
2.13(i) the disqualified individual previously received foster care services from this
2.14licensed foster care provider;
2.15(ii) the disqualified individual was subsequently adopted by this licensed foster
2.16care provider; and
2.17(iii) the disqualifying act occurred before the adoption.
2.18(d) Licensed family child care providers and child care centers must provide notices
2.19as required under section
2.20(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
2.21are the subject of a disqualification related set-aside or variance is not public data if:
2.22(1) the household member resides in the residence where the family child care is
2.23provided;
2.24(2) the subject of the set-aside or variance is under the age of 18 years; and
2.25(3) the set-aside or variance only relates to a disqualification under section
2.26subdivision 4, for a misdemeanor-level theft crime as defined in section
2.27(f) When the commissioner has reason to know that a disqualified individual has
2.28received an order for expungement for the disqualifying record that does not limit the
2.29commissioner's access to the record, and the record was opened or exchanged with the
2.30commissioner for purposes of a background study under this chapter, the data that would
2.31otherwise become public under paragraph (a) or (b) remain private data.
2.32 Sec. 2. Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read:
2.33 Subdivision 1. Disqualification that is rescinded or set aside. (a) If the
2.34commissioner rescinds or sets aside a disqualification, the commissioner shall notify the
3.1applicant, license holder, or other entity in writing or by electronic transmission of the
3.2decision.
3.3(b) In the notice from the commissioner that a disqualification has been rescinded,
3.4the commissioner must inform the applicant, license holder, or other entity that the
3.5information relied upon to disqualify the individual was incorrect.
3.6(c) Except as provided in paragraph (d), in the notice from the commissioner
3.7that a disqualification has been set aside, the commissioner must inform the applicant,
3.8license holder, or other entity of the reason for the individual's disqualification and that
3.9information about which factors under section
3.10of the decision to set aside the disqualification are available to the license holder upon
3.11request without the consent of the background study subject.
3.12(d) When the commissioner has reason to know that a disqualified individual has
3.13received an order for expungement for the disqualifying record that does not limit the
3.14commissioner's access to the record, and the record was opened or exchanged with the
3.15commissioner for purposes of a background study under this chapter, the information
3.16provided under paragraph (c) must only inform the applicant, license holder, or other
3.17entity that the disqualifying criminal record is sealed under a court order.
3.18 Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
3.19 Subd. 6. Expungement.
3.20
3.21
3.22determines that expungement of the record would yield a benefit to the subject of the
3.23record that outweighs the detriment to the public and public safety in sealing the record
3.24and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
3.25and monitoring the order.
3.26(b) In making a determination under this subdivision, the court shall consider:
3.27(1) the age, education, experience, and background, including mental and emotional
3.28development, of the subject of the record at the time of commission of the offense;
3.29(2) the circumstances and nature and severity of the offense, including any
3.30aggravating or mitigating factors in the commission of the offense;
3.31(3) victim and community impact, including age and vulnerability of the victim;
3.32(4) the level of participation of the subject of the record in the planning and carrying
3.33out of the offense, including familial or peer influence in the commission of the offense;
3.34(5) the juvenile delinquency and criminal history of the subject of the record;
4.1(6) the programming history of the subject of the record, including child welfare,
4.2school and community-based, and probation interventions, and the subject's willingness to
4.3participate meaningfully in programming, probation, or both;
4.4(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.5potential for rehabilitation of the subject of the record; and
4.6(8) the benefit that expungement would yield to the subject of the record in pursuing
4.7education, employment, housing, or other necessities.
4.8(c) A record expunged under this subdivision prior to the effective date of this act
4.9may not be opened or exchanged. A record expunged under this subdivision on or after
4.10the effective date of this act is sealed and access only allowed pursuant to paragraph (d).
4.11(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.12on or after the effective date of this act may be opened, used, or exchanged between
4.13criminal justice agencies in the same manner as a criminal record under section 609A.03,
4.14subdivision 7a, paragraph (b).
4.15(e) Section 609A.03, subdivision 3, paragraph (d), applies to the disclosure of private
4.16or confidential data in a proceeding under this subdivision. Section 609A.03, subdivision
4.179, applies to an appeal of an order under this subdivision.
4.18EFFECTIVE DATE.This section is effective January 1, 2015.
4.19 Sec. 4. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.20to read:
4.21 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.22a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.23service shall promptly delete the record.
4.24 Sec. 5. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
4.25 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
4.26immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
4.27tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
4.28for the costs and also immediately issue a writ of recovery of premises and order to vacate.
4.29(b) The court shall give priority in issuing a writ of recovery of premises and order
4.30to vacate for an eviction action brought under section
4.31tenant is causing a nuisance or seriously endangers the safety of other residents, their
4.32property, or the landlord's property.
4.33(c) If the court or jury finds for the defendant
5.1 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
5.2and issue execution in favor of the defendant; and
5.3(2) the court may expunge the records relating to the action under the provisions of
5.4section 484.014 or under the court's inherent authority at the time judgment is entered or
5.5after that time upon motion of the defendant.
5.6(d) Except in actions brought: (1) under section
5.8causing a nuisance or seriously endangers the safety of other residents, their property, or
5.9the landlord's property, upon a showing by the defendant that immediate restitution of the
5.10premises would work a substantial hardship upon the defendant or the defendant's family,
5.11the court shall stay the writ of recovery of premises and order to vacate for a reasonable
5.12period, not to exceed seven days.
5.13 Sec. 6. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
5.14 Subd. 3. Certain criminal proceedings
5.15may be filed under section
5.16information, trial, or verdict if the records are not subject to section
5.171
5.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
5.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
5.20resolution in favor of the petitioner
5.21(2) the petitioner has successfully completed the terms of a diversion program or
5.22stay of adjudication and has not been charged with a new crime for at least one year since
5.23completion of the diversion program or stay of adjudication;
5.24(3) the petitioner was convicted of or received a stayed sentence for a petty
5.25misdemeanor or misdemeanor and has not been convicted of a new crime for at least two
5.26years since discharge of the sentence for the crime;
5.27(4) the petitioner was convicted of or received a stayed sentence for a gross
5.28misdemeanor and has not been convicted of a new crime for at least four years since
5.29discharge of the sentence for the crime; or
5.30(5) the petitioner was convicted of or received a stayed sentence for a felony
5.31violation of an offense listed in paragraph (b), and has not been convicted of a new crime
5.32for at least five years since discharge of the sentence for the crime.
5.33(b) Paragraph (a), clause (5), applies to the following offenses:
5.34(1) section 35.824 (altering livestock certificate);
5.35(2) section 62A.41 (insurance regulations);
6.1(3) section 86B.865, subdivision 1 (certification for title on watercraft);
6.2(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
6.3simulated controlled substance);
6.4(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
6.5subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
6.6(6) chapter 201; 203B; or 204C (voting violations);
6.7(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
6.8(8) section 256.984 (false declaration in assistance application);
6.9(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
6.10(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
6.11(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
6.12(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
6.13notices and solicitations);
6.14(13) section 346.155, subdivision 10 (failure to control regulated animal);
6.15(14) section 349.2127; or 349.22 (gambling regulations);
6.16(15) section 588.20 (contempt);
6.17(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
6.18(17) section 609.31 (leaving state to evade establishment of paternity);
6.19(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
6.20civil commitment for mental illness);
6.21(19) section 609.49 (failure to appear in court);
6.22(20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
6.23theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
6.24(theft of $1,000 or less with risk of bodily harm);
6.25(21) section 609.525 (bringing stolen goods into state);
6.26(22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
6.27(23) section 609.527, subdivision 5b (possession or use of scanning device or
6.28reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
6.29check); or 609.529 (mail theft);
6.30(24) section 609.53 (receiving stolen goods);
6.31(25) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
6.32over $500);
6.33(26) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
6.34(27) section 609.551 (rustling and livestock theft);
6.35(28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
6.36(29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
7.1(30) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
7.2(a) (criminal damage to property);
7.3(31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
7.4(32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
7.54, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
7.6pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
7.7(33) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
7.84, paragraph (a) (lottery fraud);
7.9(34) section 609.652 (fraudulent driver's license and identification card);
7.10(35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
7.11or 609.66, subdivision 1b (furnishing firearm to minor);
7.12(36) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
7.13(37) section 609.686, subdivision 2 (tampering with fire alarm);
7.14(38) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
7.15subsequent violation or minor victim);
7.16(39) section 609.80, subdivision 2 (interference with cable communications system);
7.17(40) section 609.821, subdivision 2 (financial transaction card fraud);
7.18(41) section 609.822 (residential mortgage fraud);
7.19(42) section 609.825, subdivision 2 (bribery of participant or official in contest);
7.20(43) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
7.21transit operator);
7.22(44) section 609.88 (computer damage); or 609.89 (computer theft);
7.23(45) section 609.893, subdivision 2 (telecommunications and information services
7.24fraud);
7.25(46) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
7.26(47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
7.27property);
7.28(48) section 609.896 (movie pirating);
7.29(49) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
7.30624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
7.31subdivision 2 (transfer of pistol to ineligible person); or
7.32(50) section 624.7181 (rifle or shotgun in public by minor).
7.33(c) Paragraph (a), clause (3) or (4), does not apply if the crime involved domestic
7.34abuse or sexual assault, as defined in section 518B.01, subdivision 2, or to violation of
7.35an order for protection under section 518B.01, subdivision 14, a harassment restraining
8.1order under section 609.748, subdivision 6, a violation of section 609.749, or a violation
8.2of section 629.75. This paragraph expires on July 15, 2015.
8.3EFFECTIVE DATE.This section is effective January 1, 2015.
8.4 Sec. 7. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
8.5PROSECUTOR AGREEMENT AND NOTIFICATION.
8.6(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the
8.7criminal record for a person described in section 609A.02, subdivision 3, without the filing
8.8of a petition unless it determines that the interests of the public and public safety in keeping
8.9the record public outweigh the disadvantages to the subject of the record in not sealing it.
8.10(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
8.11make a good faith effort to notify any identifiable victims of the offense of the intended
8.12agreement and the opportunity to object to the agreement.
8.13(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
8.14for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
8.15occur before or after the criminal charges are dismissed.
8.16EFFECTIVE DATE.This section is effective January 1, 2015.
8.17 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.18 Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
8.19record who is seeking the expungement of the record shall file a petition under this section
8.20and pay a filing fee in the amount required under section
8.21(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.22described in section
8.23EFFECTIVE DATE.This section is effective January 1, 2015.
8.24 Sec. 9. Minnesota Statutes 2012, section 609A.03, subdivision 3, is amended to read:
8.25 Subd. 3. Service of petition and proposed order. (a) The petitioner shall serve by
8.26mail the petition for expungement and a proposed expungement order on the prosecutorial
8.27office that had jurisdiction over the offense for which expungement is sought and all
8.28other state and local government agencies and jurisdictions whose records would be
8.29affected by the proposed order. The petitioner shall also serve by mail the attorney for
8.30each agency and jurisdiction.
8.31(b) The prosecutorial office that had jurisdiction over the offense for which
8.32expungement is sought shall serve by mail the petition for expungement and a proposed
9.1expungement order on any victims of the offense for which expungement is sought who
9.2have requested notice of expungement pursuant to section
9.3paragraph does not constitute a violation of an existing order for protection, restraining
9.4order, or other no contact order.
9.5(c) The prosecutorial office's notice to victims of the offense under this subdivision
9.6must specifically inform the victims of the victims' right to be present and to submit an
9.7oral or written statement at the expungement hearing described in subdivision 4.
9.8(d) An agency or jurisdiction that is served with a petition under this subdivision
9.9may submit to the court private or confidential data on the petitioner that the agency or
9.10jurisdiction determines is necessary to respond to the petition. As part of the submission,
9.11the agency or jurisdiction shall inform the court and the petitioner that the submission
9.12contains private or confidential data that may become accessible to the public as part of
9.13the expungement proceeding. The petitioner may, at the time of filing the petition or after
9.14that time, file a request with the court to seal the private or confidential data that are
9.15submitted by the agency or jurisdiction.
9.16EFFECTIVE DATE.This section is effective the day following final enactment.
9.17 Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
9.18 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
9.19paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
9.20only upon clear and convincing evidence that it would yield a benefit to the petitioner
9.21commensurate with the disadvantages to the public and public safety of:
9.22(1) sealing the record; and
9.23(2) burdening the court and public authorities to issue, enforce, and monitor an
9.24expungement order.
9.25(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
9.26for the sealing of a criminal record under section
9.27clause (1) or (2), the court shall grant the petition to seal the record unless the agency
9.28or jurisdiction whose records would be affected establishes by clear and convincing
9.29evidence that the interests of the public and public safety outweigh the disadvantages
9.30to the petitioner of not sealing the record.
9.31(c) In making a determination under this subdivision, the court shall consider:
9.32(1) the nature and severity of the underlying crime, the record of which would
9.33be sealed;
9.34(2) the risk, if any, the petitioner poses to individuals or society;
9.35(3) the length of time since the crime occurred;
10.1(4) the steps taken by the petitioner toward rehabilitation following the crime;
10.2(5) aggravating or mitigating factors relating to the underlying crime, including the
10.3petitioner's level of participation and context and circumstances of the underlying crime;
10.4(6) the reasons for the expungement, including the petitioner's attempts to obtain
10.5employment, housing, or other necessities;
10.6(7) the petitioner's criminal record;
10.7(8) the petitioner's record of employment and community involvement;
10.8(9) the recommendations of interested law enforcement, prosecutorial, and
10.9corrections officials;
10.10(10) the recommendations of victims or whether victims of the underlying crime
10.11were minors;
10.12(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
10.13toward payment, and the measures in place to help ensure completion of restitution
10.14payment after expungement of the record if granted; and
10.15(12) other factors deemed relevant by the court.
10.16
10.17court issues an expungement order it may require that the criminal record be sealed, the
10.18existence of the record not be revealed, and the record not be opened except as required
10.19under subdivision 7. Records must not be destroyed or returned to the subject of the record.
10.20 (e) Information relating to a criminal history record of an employee, former
10.21employee, or tenant that has been expunged before the occurrence of the act giving rise
10.22to the civil action may not be introduced as evidence in a civil action against a private
10.23employer or landlord or its employees or agents that is based on the conduct of the
10.24employee, former employee, or tenant.
10.25EFFECTIVE DATE.This section is effective January 1, 2015.
10.26 Sec. 11. Minnesota Statutes 2012, section 609A.03, is amended by adding a
10.27subdivision to read:
10.28 Subd. 6a. Order when context and circumstances of the underlying crime
10.29indicate a nexus between the criminal record to be expunged and person's status as a
10.30crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause
10.31(5), that the context and circumstances of the underlying crime indicate a nexus between
10.32the criminal record to be expunged and the person's status as a crime victim, then the effect
10.33of the court order to seal the record of the proceedings shall be to restore the person, in the
10.34contemplation of the law, to the status the person occupied before the arrest, indictment,
10.35or information. The person shall not be guilty of perjury or otherwise of giving a false
11.1statement if the person fails to acknowledge the arrest, indictment, information, or trial in
11.2response to any inquiry made for any purpose. The court may request a sworn statement
11.3from a staff member of a state-funded victim services organization or a licensed health
11.4care provider as evidence to support a determination under section 609A.03, subdivision 5.
11.5EFFECTIVE DATE.This section is effective January 1, 2015.
11.6 Sec. 12. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
11.7 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
11.8to a charge supported by probable cause, the DNA samples and DNA records held by
11.9the Bureau of Criminal Apprehension and collected under authority other than section
11.11(b) Notwithstanding the issuance of an expungement order:
11.12(1) an expunged record may be opened for purposes of a criminal investigation,
11.13prosecution, or sentencing, upon an ex parte court order;
11.14(2) an expunged record of a conviction may be opened for purposes of evaluating a
11.15prospective employee in a criminal justice agency without a court order; and
11.16(3) an expunged record of a conviction may be opened for purposes of a background
11.17study under section
11.18specifically to the commissioner of human services.
11.19Upon request by law enforcement, prosecution, or corrections authorities, an agency
11.20or jurisdiction subject to an expungement order shall inform the requester of the existence
11.21of a sealed record and of the right to obtain access to it as provided by this paragraph. For
11.22purposes of this section, a "criminal justice agency" means courts or a government agency
11.23that performs the administration of criminal justice under statutory authority.
11.24(c) This subdivision applies to expungement orders subject to its limitations and
11.25effective before January 1, 2015.
11.26EFFECTIVE DATE.This section is effective January 1, 2015.
11.27 Sec. 13. Minnesota Statutes 2012, section 609A.03, is amended by adding a
11.28subdivision to read:
11.29 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
11.30to a charge supported by probable cause, the DNA samples and DNA records held by
11.31the Bureau of Criminal Apprehension and collected under authority other than section
11.32
11.33(b) Notwithstanding the issuance of an expungement order:
12.1(1) except as provided in clause (2), an expunged record may be opened, used,
12.2or exchanged between criminal justice agencies without a court order for the purposes
12.3of initiating, furthering, or completing a criminal investigation or prosecution or for
12.4sentencing purposes or providing probation or other correctional services;
12.5(2) when a criminal justice agency seeks access to a record that was sealed under
12.6section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order
12.7dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution,
12.8or sentencing, the requesting agency must obtain an ex parte court order after stating a
12.9good-faith basis to believe that opening the record may lead to relevant information;
12.10(3) an expunged record of a conviction may be opened for purposes of evaluating a
12.11prospective employee in a criminal justice agency without a court order;
12.12(4) an expunged record of a conviction may be opened for purposes of a background
12.13study under section
12.14notice of the petition for expungement and the court order for expungement is directed
12.15specifically to the commissioner of human services;
12.16(5) an expunged record of a conviction may be opened for purposes of a background
12.17check required under section 122A.18, subdivision 8, unless the court order for
12.18expungement is directed specifically to the Board of Teaching or the licensing division of
12.19the Department of Education; and
12.20(6) the court may order an expunged record opened upon request by the victim of
12.21the underlying offense if the court determines that the record is substantially related to a
12.22matter for which the victim is before the court.
12.23(c) An agency or jurisdiction subject to an expungement order shall maintain the
12.24record in a manner that provides access to the record by a criminal justice agency under
12.25paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.
12.26The Bureau of Criminal Apprehension shall notify the commissioner of human services,
12.27the Board of Teaching, or the licensing division of the Department of Education of the
12.28existence of a sealed record and of the right to obtain access under paragraph (b), clause
12.29(4) or (5). Upon request, the agency or jurisdiction subject to the expungement order
12.30shall provide access to the record to the commissioner of human services, the Board
12.31of Teaching, or the licensing division of the Department of Education under paragraph
12.32(b), clause (4) or (5).
12.33(d) An expunged record that is opened or exchanged under this subdivision remains
12.34subject to the expungement order in the hands of the person receiving the record.
13.1(e) A criminal justice agency that receives an expunged record under paragraph (b),
13.2clause (1) or (2), must maintain and store the record in a manner that restricts the use of
13.3the record to the investigation, prosecution, or sentencing for which it was obtained.
13.4(f) For purposes of this section, a "criminal justice agency" means a court or
13.5government agency that performs the administration of criminal justice under statutory
13.6authority.
13.7(g) This subdivision applies to expungement orders subject to its limitations and
13.8effective on or after January 1, 2015.
13.9EFFECTIVE DATE.This section is effective January 1, 2015.
13.10 Sec. 14. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
13.11 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
13.12administrator shall send a copy of an expungement order to each agency and jurisdiction
13.13whose records are affected by the terms of the order and send a letter to the petitioner
13.14identifying each agency that received the order.
13.15(b) If requested in the petition, each agency and jurisdiction receiving the order must
13.16send a letter to the petitioner at an address provided in the petition confirming the receipt
13.17of the expungement order and that the record has been expunged.
13.18(c) Data on the petitioner in a letter sent under this subdivision are private data
13.19on individuals as defined in section 13.02.
13.20EFFECTIVE DATE.This section is effective January 1, 2015.
13.21 Sec. 15. [609A.04] REMEDY.
13.22An individual whose record is expunged under this chapter or other law may bring
13.23an action under section 13.08 against a government entity that knowingly opens or
13.24exchanges the expunged record in a manner not authorized by law.
