Bill Text: MN HF2576 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 260B.198, subdivision 6; 332.70, by adding
1.6a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03,
1.7subdivisions 5, 7, 8, by adding subdivisions; proposing coding for new law in
1.8Minnesota Statutes, chapter 609A.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
1.11read:
1.12 Subd. 6. Expungement.Except when legal custody is transferred under the
1.13provisions of subdivision 1, clause (4), (a) The court may expunge the adjudication
1.14of all records relating to delinquency at any time that it deems advisable if the court
1.15determines that expungement of the record would yield a benefit to the subject of the
1.16record that outweighs the detriment to the public and public safety in sealing the record
1.17and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
1.18and monitoring the order.
1.19(b) In making a determination under this subdivision, the court shall consider:
1.20(1) the age, education, experience, and background, including mental and emotional
1.21development, of the subject of the record at the time of commission of the offense;
1.22(2) the circumstances and nature and severity of the offense, including any
1.23aggravating or mitigating factors in the commission of the offense;
1.24(3) victim and community impact, including age and vulnerability of the victim;
1.25(4) the level of participation of the subject of the record in the planning and carrying
1.26out of the offense, including familial or peer influence in the commission of the offense;
2.1(5) the juvenile delinquency and criminal history of the subject of the record;
2.2(6) the programming history of the subject of the record, including child welfare,
2.3school and community-based, and probation interventions, and the subject's willingness to
2.4participate meaningfully in programming, probation, or both;
2.5(7) any other aggravating or mitigating circumstance bearing on the culpability or
2.6potential for rehabilitation of the subject of the record; and
2.7(8) the benefit that expungement would yield to the subject of the record in pursuing
2.8education, employment, housing, or other necessities.
2.9(c) A record expunged under this subdivision prior to the effective date of this act
2.10may not be opened or exchanged.
2.11(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
2.12on or after the effective date of this act may be opened or exchanged between criminal
2.13justice agencies in the same manner as a criminal record under section 609A.03,
2.14subdivision 7a, paragraph (b).
2.15(e) Section 609A.03, subdivision 9, applies to an appeal of an order under this
2.16subdivision.
2.17EFFECTIVE DATE.This section is effective January 1, 2015.
2.18 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
2.19to read:
2.20 Subd. 3a. Deletion of expunged records. If a business screening service knows that
2.21a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
2.22service shall promptly delete the record.
2.23EFFECTIVE DATE.This section is effective January 1, 2015.
2.24 Sec. 3. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
2.25 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
2.26immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
2.27tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
2.28for the costs and also immediately issue a writ of recovery of premises and order to vacate.
2.29(b) The court shall give priority in issuing a writ of recovery of premises and order
2.30to vacate for an eviction action brought under section504B.171 or on the basis that the
2.31tenant is causing a nuisance or seriously endangers the safety of other residents, their
2.32property, or the landlord's property.
2.33(c) If the court or jury finds for the defendant,:
3.1 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
3.2and issue execution in favor of the defendant; and
3.3(2) the court may expunge the records relating to the action at the time judgment is
3.4entered or after that time.
3.5(d) Except in actions brought: (1) under section504B.291 as required by section
3.6609.5317, subdivision 1
; (2) under section
504B.171 ; or (3) on the basis that the tenant is
3.7causing a nuisance or seriously endangers the safety of other residents, their property, or
3.8the landlord's property, upon a showing by the defendant that immediate restitution of the
3.9premises would work a substantial hardship upon the defendant or the defendant's family,
3.10the court shall stay the writ of recovery of premises and order to vacate for a reasonable
3.11period, not to exceed seven days.
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
3.14 Subd. 3. Certain criminal proceedingsnot resulting in conviction. (a) A petition
3.15may be filed under section609A.03 to seal all records relating to an arrest, indictment or
3.16information, trial, or verdict if the records are not subject to section299C.11, subdivision
3.171 , paragraph (b), and if:
3.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
3.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
3.20resolution in favor of the petitioner.;
3.21(2) the petitioner has successfully completed the terms of a diversion program or
3.22stay of adjudication and has not been charged with a new crime for at least two years since
3.23completion of the diversion program or stay of adjudication;
3.24(3) the petitioner was convicted of or received a stayed sentence for a petty
3.25misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new
3.26crime for at least five years since discharge of the sentence for the crime; or
3.27(4) the petitioner was convicted of or received a stayed sentence for a felony
3.28violation of an offense listed in paragraph (b), and has not been convicted of a new crime
3.29for at least eight years since discharge of the sentence for the crime.
3.30(b) Paragraph (a), clause (4), applies to the following offenses:
3.31(1) section 35.824 (altering livestock certificate);
3.32(2) section 62A.41 (insurance regulations);
3.33(3) section 86B.865, subdivision 1 (certification for title on watercraft);
3.34(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
3.35simulated controlled substance);
4.1(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
4.2subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
4.3(6) chapter 201; 203B; or 204C (voting violations);
4.4(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
4.5(8) section 256.984 (false declaration in assistance application);
4.6(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
4.7(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
4.8(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
4.9(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
4.10notices and solicitations);
4.11(13) section 346.155, subdivision 10 (failure to control regulated animal);
4.12(14) section 349.2127; or 349.22 (gambling regulations);
4.13(15) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
4.14(16) section 609.31 (leaving state to evade establishment of paternity);
4.15(17) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
4.16civil commitment or mental illness);
4.17(18) section 609.49 (failure to appear in court);
4.18(19) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
4.19theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
4.20(theft of $1,000 or less with risk of bodily harm);
4.21(20) section 609.525 (bringing stolen goods into state);
4.22(21) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
4.23(22) section 609.527, subdivision 5b (possession or use of scanning device or
4.24reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
4.25check); or 609.529 (mail theft);
4.26(23) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
4.27over $500);
4.28(24) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
4.29(25) section 609.551 (rustling and livestock theft);
4.30(26) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
4.31(27) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
4.32(28) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
4.33(a) (criminal damage to property);
4.34(29) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
5.1(30) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
5.24, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
5.3pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
5.4(31) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
5.54, paragraph (a) (lottery fraud);
5.6(32) section 609.652 (fraudulent driver's license and identification card);
5.7(33) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
5.8or 609.66, subdivision 1b (furnishing firearm to minor);
5.9(34) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
5.10(35) section 609.686, subdivision 2 (tampering with fire alarm);
5.11(36) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
5.12subsequent violation or minor victim);
5.13(37) section 609.80, subdivision 2 (interference with cable communications system);
5.14(38) section 609.821, subdivision 2 (financial transaction card fraud);
5.15(39) section 609.822 (residential mortgage fraud);
5.16(40) section 609.825, subdivision 2 (bribery of participant or official in contest);
5.17(41) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
5.18transit operator);
5.19(42) section 609.88 (computer damage); or 609.89 (computer theft);
5.20(43) section 609.893, subdivision 2 (telecommunications and information services
5.21fraud);
5.22(44) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
5.23(45) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
5.24property);
5.25(46) section 609.896 (movie pirating);
5.26(47) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
5.27624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
5.28subdivision 2 (transfer of pistol to ineligible person); or
5.29(48) section 624.7181 (rifle or shotgun in public by minor).
5.30(c) Paragraph (a), clause (3), does not apply if the crime involved domestic abuse or
5.31sexual assault, as defined in section 518B.01, subdivision 2, or to violation of an order for
5.32protection under section 518B.01, subdivision 14, a harassment restraining order under
5.33section 609.748, subdivision 6, a violation of section 609.749, or a violation of section
5.34629.75. This paragraph expires on July 15, 2015.
5.35EFFECTIVE DATE.This section is effective January 1, 2015.
6.1 Sec. 5. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
6.2PROSECUTOR AGREEMENT AND NOTIFICATION.
6.3(a) If the prosecutor agrees to the sealing of a criminal record, the court shall order
6.4the sealing of the criminal record for a person described in section 609A.02, subdivision
6.53, without the filing of a petition unless it determines that the interests of the public and
6.6public safety in keeping the record public outweigh the disadvantages to the subject of the
6.7record in not sealing it.
6.8(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
6.9make a good faith effort to notify any identifiable victims of the offense of the intended
6.10agreement and the opportunity to object to the agreement.
6.11(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
6.12for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
6.13occur before or after the criminal charges are dismissed.
6.14EFFECTIVE DATE.This section is effective January 1, 2015.
6.15 Sec. 6. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
6.16 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
6.17paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
6.18only upon clear and convincing evidence that it would yield a benefit to the petitioner
6.19commensurate with the disadvantages to the public and public safety of:
6.20(1) sealing the record; and
6.21(2) burdening the court and public authorities to issue, enforce, and monitor an
6.22expungement order.
6.23(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
6.24for the sealing of a criminal record under section609A.02, subdivision 3 , paragraph (a),
6.25clause (1) or (2), the court shall grant the petition to seal the record unless the agency
6.26or jurisdiction whose records would be affected establishes by clear and convincing
6.27evidence that the interests of the public and public safety outweigh the disadvantages
6.28to the petitioner of not sealing the record.
6.29(c) In making a determination under this subdivision, the court shall consider:
6.30(1) the nature and severity of the underlying crime, the record of which would
6.31be sealed;
6.32(2) the risk, if any, the petitioner poses to individuals or society;
6.33(3) the length of time since the crime occurred;
6.34(4) the steps taken by the petitioner toward rehabilitation following the crime;
7.1(5) aggravating or mitigating factors relating to the underlying crime, including the
7.2petitioner's level of participation, claims of innocence, context and circumstances of the
7.3underlying crime, and irregularities in the trial;
7.4(6) the reasons for the expungement, including the petitioner's attempts to obtain
7.5employment, housing, or other necessities;
7.6(7) the petitioner's criminal record;
7.7(8) the petitioner's record of employment and community involvement;
7.8(9) the recommendations of interested law enforcement, prosecutorial, and
7.9corrections officials;
7.10(10) the recommendations of victims of the underlying crime; and
7.11(11) other factors deemed relevant by the court.
7.12(c) (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the
7.13court issues an expungement order it may require that the criminal record be sealed, the
7.14existence of the record not be revealed, and the record not be opened except as required
7.15under subdivision 7. Records must not be destroyed or returned to the subject of the record.
7.16 (e) Information relating to a criminal history record of an employee, former
7.17employee, or tenant that has been expunged before the occurrence of the act giving rise
7.18to the civil action may not be introduced as evidence in a civil action against a private
7.19employer or landlord or its employees or agents that is based on the conduct of the
7.20employee, former employee, or tenant.
7.21EFFECTIVE DATE.This section is effective January 1, 2015.
7.22 Sec. 7. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
7.23to read:
7.24 Subd. 6a. Order when context and circumstances of the underlying crime
7.25indicate a nexus between the criminal record to be expunged and person's status as a
7.26crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (b), clause
7.27(5), that the context and circumstances of the underlying crime indicate a nexus between
7.28the criminal record to be expunged and the person's status as a crime victim, then the effect
7.29of the court order to seal the record of the proceedings shall be to restore the person, in the
7.30contemplation of the law, to the status the person occupied before the arrest, indictment,
7.31or information. The person shall not be guilty of perjury or otherwise of giving a false
7.32statement if the person fails to acknowledge the arrest, indictment, information, or trial in
7.33response to any inquiry made for any purpose. The court may request a sworn statement
7.34from a staff member of a state-funded victim services organization or a licensed health
7.35care provider as evidence to support a determination under section 609A.03, subdivision 5.
8.1 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
8.2 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
8.3to a charge supported by probable cause, the DNA samples and DNA records held by
8.4the Bureau of Criminal Apprehension and collected under authority other than section
8.5299C.105
, shall not be sealed, returned to the subject of the record, or destroyed.
8.6(b) Notwithstanding the issuance of an expungement order:
8.7(1) an expunged record may be opened for purposes of a criminal investigation,
8.8prosecution, or sentencing, upon an ex parte court order;
8.9(2) an expunged record of a conviction may be opened for purposes of evaluating a
8.10prospective employee in a criminal justice agency without a court order; and
8.11(3) an expunged record of a conviction may be opened for purposes of a background
8.12study under section245C.08 unless the court order for expungement is directed
8.13specifically to the commissioner of human services.
8.14Upon request by law enforcement, prosecution, or corrections authorities, an agency
8.15or jurisdiction subject to an expungement order shall inform the requester of the existence
8.16of a sealed record and of the right to obtain access to it as provided by this paragraph. For
8.17purposes of this section, a "criminal justice agency" means courts or a government agency
8.18that performs the administration of criminal justice under statutory authority.
8.19(c) This subdivision applies to expungement orders subject to its limitations and
8.20effective before January 1, 2015.
8.21EFFECTIVE DATE.This section is effective January 1, 2015.
8.22 Sec. 9. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
8.23to read:
8.24 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
8.25to a charge supported by probable cause, the DNA samples and DNA records held by
8.26the Bureau of Criminal Apprehension and collected under authority other than section
8.27299C.105 shall not be sealed, returned to the subject of the record, or destroyed.
8.28(b) Notwithstanding the issuance of an expungement order:
8.29(1) except as provided in clause (2), an expunged record may be exchanged between
8.30criminal or civil justice agencies without a court order;
8.31(2) a record where the person was found not guilty of a charge not arising out of the
8.32same set of facts and circumstances as another charge that was expunged under section
8.33609A.02, subdivision 3, paragraph (a), clause (1), may be opened for purposes of a criminal
8.34investigation, prosecution, or sentencing, upon an ex parte order, if the requesting agency
8.35states a good faith basis to believe that opening the record may lead to relevant information.
9.1(3) an expunged record of a conviction may be opened for purposes of evaluating a
9.2prospective employee in a criminal justice agency without a court order;
9.3(4) an expunged record of a conviction may be opened for purposes of a background
9.4study under section245C.08 unless the court order for expungement is directed
9.5specifically to the commissioner of human services; and
9.6(5) the court may order an expunged record opened upon request by the victim of
9.7the underlying offense if the court determines that the record is substantially related to a
9.8matter for which the victim is before the court or another entity.
9.9(c) An agency or jurisdiction subject to an expungement order shall maintain the
9.10record in a manner that provides access to the record by a criminal or civil justice agency
9.11under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been
9.12sealed. Upon request by the commissioner of human services, an agency or jurisdiction
9.13subject to an expungement order shall inform the commissioner of the existence of the
9.14sealed record and of the right to obtain access to the record under paragraph (b), clause (4).
9.15An expunged record that is opened or exchanged under this subdivision remains subject to
9.16the expungement order in the hands of the person receiving the record.
9.17(d) For purposes of this section, a "criminal justice agency" means a court or
9.18government agency that performs the administration of criminal justice under statutory
9.19authority, and a "civil justice agency" means a court or government agency that performs
9.20the administration of civil justice under statutory authority.
9.21(e) This subdivision applies to expungement orders subject to its limitations and
9.22effective on or after January 1, 2015.
9.23EFFECTIVE DATE.This section is effective January 1, 2015.
9.24 Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
9.25 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
9.26administrator shall send a copy of an expungement order to each agency and jurisdiction
9.27whose records are affected by the terms of the order and send a letter to the petitioner
9.28identifying each agency that received the order.
9.29(b) Each agency and jurisdiction receiving the order must send a letter to the
9.30petitioner confirming that the record has been expunged.
9.31(c) Data on the petitioner in a letter sent under this subdivision are private data
9.32on individuals as defined in section 13.02.
9.33EFFECTIVE DATE.This section is effective January 1, 2015.
10.1 Sec. 11. AGENCY COMPLIANCE.
10.2A criminal justice agency must comply with the requirements of section 9 by
10.3January 1, 2016.
10.4EFFECTIVE DATE.This section is effective January 1, 2015.
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 260B.198, subdivision 6; 332.70, by adding
1.6a subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03,
1.7subdivisions 5, 7, 8, by adding subdivisions; proposing coding for new law in
1.8Minnesota Statutes, chapter 609A.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
1.11read:
1.12 Subd. 6. Expungement.
1.13
1.14
1.15determines that expungement of the record would yield a benefit to the subject of the
1.16record that outweighs the detriment to the public and public safety in sealing the record
1.17and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
1.18and monitoring the order.
1.19(b) In making a determination under this subdivision, the court shall consider:
1.20(1) the age, education, experience, and background, including mental and emotional
1.21development, of the subject of the record at the time of commission of the offense;
1.22(2) the circumstances and nature and severity of the offense, including any
1.23aggravating or mitigating factors in the commission of the offense;
1.24(3) victim and community impact, including age and vulnerability of the victim;
1.25(4) the level of participation of the subject of the record in the planning and carrying
1.26out of the offense, including familial or peer influence in the commission of the offense;
2.1(5) the juvenile delinquency and criminal history of the subject of the record;
2.2(6) the programming history of the subject of the record, including child welfare,
2.3school and community-based, and probation interventions, and the subject's willingness to
2.4participate meaningfully in programming, probation, or both;
2.5(7) any other aggravating or mitigating circumstance bearing on the culpability or
2.6potential for rehabilitation of the subject of the record; and
2.7(8) the benefit that expungement would yield to the subject of the record in pursuing
2.8education, employment, housing, or other necessities.
2.9(c) A record expunged under this subdivision prior to the effective date of this act
2.10may not be opened or exchanged.
2.11(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
2.12on or after the effective date of this act may be opened or exchanged between criminal
2.13justice agencies in the same manner as a criminal record under section 609A.03,
2.14subdivision 7a, paragraph (b).
2.15(e) Section 609A.03, subdivision 9, applies to an appeal of an order under this
2.16subdivision.
2.17EFFECTIVE DATE.This section is effective January 1, 2015.
2.18 Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
2.19to read:
2.20 Subd. 3a. Deletion of expunged records. If a business screening service knows that
2.21a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
2.22service shall promptly delete the record.
2.23EFFECTIVE DATE.This section is effective January 1, 2015.
2.24 Sec. 3. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
2.25 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
2.26immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
2.27tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
2.28for the costs and also immediately issue a writ of recovery of premises and order to vacate.
2.29(b) The court shall give priority in issuing a writ of recovery of premises and order
2.30to vacate for an eviction action brought under section
2.31tenant is causing a nuisance or seriously endangers the safety of other residents, their
2.32property, or the landlord's property.
2.33(c) If the court or jury finds for the defendant
3.1 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
3.2and issue execution in favor of the defendant; and
3.3(2) the court may expunge the records relating to the action at the time judgment is
3.4entered or after that time.
3.5(d) Except in actions brought: (1) under section
3.7causing a nuisance or seriously endangers the safety of other residents, their property, or
3.8the landlord's property, upon a showing by the defendant that immediate restitution of the
3.9premises would work a substantial hardship upon the defendant or the defendant's family,
3.10the court shall stay the writ of recovery of premises and order to vacate for a reasonable
3.11period, not to exceed seven days.
3.12EFFECTIVE DATE.This section is effective January 1, 2015.
3.13 Sec. 4. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
3.14 Subd. 3. Certain criminal proceedings
3.15may be filed under section
3.16information, trial, or verdict if the records are not subject to section
3.171
3.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
3.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
3.20resolution in favor of the petitioner
3.21(2) the petitioner has successfully completed the terms of a diversion program or
3.22stay of adjudication and has not been charged with a new crime for at least two years since
3.23completion of the diversion program or stay of adjudication;
3.24(3) the petitioner was convicted of or received a stayed sentence for a petty
3.25misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new
3.26crime for at least five years since discharge of the sentence for the crime; or
3.27(4) the petitioner was convicted of or received a stayed sentence for a felony
3.28violation of an offense listed in paragraph (b), and has not been convicted of a new crime
3.29for at least eight years since discharge of the sentence for the crime.
3.30(b) Paragraph (a), clause (4), applies to the following offenses:
3.31(1) section 35.824 (altering livestock certificate);
3.32(2) section 62A.41 (insurance regulations);
3.33(3) section 86B.865, subdivision 1 (certification for title on watercraft);
3.34(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
3.35simulated controlled substance);
4.1(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
4.2subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
4.3(6) chapter 201; 203B; or 204C (voting violations);
4.4(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
4.5(8) section 256.984 (false declaration in assistance application);
4.6(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
4.7(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
4.8(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
4.9(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
4.10notices and solicitations);
4.11(13) section 346.155, subdivision 10 (failure to control regulated animal);
4.12(14) section 349.2127; or 349.22 (gambling regulations);
4.13(15) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
4.14(16) section 609.31 (leaving state to evade establishment of paternity);
4.15(17) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
4.16civil commitment or mental illness);
4.17(18) section 609.49 (failure to appear in court);
4.18(19) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
4.19theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
4.20(theft of $1,000 or less with risk of bodily harm);
4.21(20) section 609.525 (bringing stolen goods into state);
4.22(21) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
4.23(22) section 609.527, subdivision 5b (possession or use of scanning device or
4.24reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
4.25check); or 609.529 (mail theft);
4.26(23) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
4.27over $500);
4.28(24) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
4.29(25) section 609.551 (rustling and livestock theft);
4.30(26) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
4.31(27) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
4.32(28) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
4.33(a) (criminal damage to property);
4.34(29) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
5.1(30) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
5.24, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
5.3pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
5.4(31) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
5.54, paragraph (a) (lottery fraud);
5.6(32) section 609.652 (fraudulent driver's license and identification card);
5.7(33) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
5.8or 609.66, subdivision 1b (furnishing firearm to minor);
5.9(34) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
5.10(35) section 609.686, subdivision 2 (tampering with fire alarm);
5.11(36) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
5.12subsequent violation or minor victim);
5.13(37) section 609.80, subdivision 2 (interference with cable communications system);
5.14(38) section 609.821, subdivision 2 (financial transaction card fraud);
5.15(39) section 609.822 (residential mortgage fraud);
5.16(40) section 609.825, subdivision 2 (bribery of participant or official in contest);
5.17(41) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
5.18transit operator);
5.19(42) section 609.88 (computer damage); or 609.89 (computer theft);
5.20(43) section 609.893, subdivision 2 (telecommunications and information services
5.21fraud);
5.22(44) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
5.23(45) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
5.24property);
5.25(46) section 609.896 (movie pirating);
5.26(47) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
5.27624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
5.28subdivision 2 (transfer of pistol to ineligible person); or
5.29(48) section 624.7181 (rifle or shotgun in public by minor).
5.30(c) Paragraph (a), clause (3), does not apply if the crime involved domestic abuse or
5.31sexual assault, as defined in section 518B.01, subdivision 2, or to violation of an order for
5.32protection under section 518B.01, subdivision 14, a harassment restraining order under
5.33section 609.748, subdivision 6, a violation of section 609.749, or a violation of section
5.34629.75. This paragraph expires on July 15, 2015.
5.35EFFECTIVE DATE.This section is effective January 1, 2015.
6.1 Sec. 5. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
6.2PROSECUTOR AGREEMENT AND NOTIFICATION.
6.3(a) If the prosecutor agrees to the sealing of a criminal record, the court shall order
6.4the sealing of the criminal record for a person described in section 609A.02, subdivision
6.53, without the filing of a petition unless it determines that the interests of the public and
6.6public safety in keeping the record public outweigh the disadvantages to the subject of the
6.7record in not sealing it.
6.8(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
6.9make a good faith effort to notify any identifiable victims of the offense of the intended
6.10agreement and the opportunity to object to the agreement.
6.11(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
6.12for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
6.13occur before or after the criminal charges are dismissed.
6.14EFFECTIVE DATE.This section is effective January 1, 2015.
6.15 Sec. 6. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
6.16 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
6.17paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
6.18only upon clear and convincing evidence that it would yield a benefit to the petitioner
6.19commensurate with the disadvantages to the public and public safety of:
6.20(1) sealing the record; and
6.21(2) burdening the court and public authorities to issue, enforce, and monitor an
6.22expungement order.
6.23(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
6.24for the sealing of a criminal record under section
6.25clause (1) or (2), the court shall grant the petition to seal the record unless the agency
6.26or jurisdiction whose records would be affected establishes by clear and convincing
6.27evidence that the interests of the public and public safety outweigh the disadvantages
6.28to the petitioner of not sealing the record.
6.29(c) In making a determination under this subdivision, the court shall consider:
6.30(1) the nature and severity of the underlying crime, the record of which would
6.31be sealed;
6.32(2) the risk, if any, the petitioner poses to individuals or society;
6.33(3) the length of time since the crime occurred;
6.34(4) the steps taken by the petitioner toward rehabilitation following the crime;
7.1(5) aggravating or mitigating factors relating to the underlying crime, including the
7.2petitioner's level of participation, claims of innocence, context and circumstances of the
7.3underlying crime, and irregularities in the trial;
7.4(6) the reasons for the expungement, including the petitioner's attempts to obtain
7.5employment, housing, or other necessities;
7.6(7) the petitioner's criminal record;
7.7(8) the petitioner's record of employment and community involvement;
7.8(9) the recommendations of interested law enforcement, prosecutorial, and
7.9corrections officials;
7.10(10) the recommendations of victims of the underlying crime; and
7.11(11) other factors deemed relevant by the court.
7.12
7.13court issues an expungement order it may require that the criminal record be sealed, the
7.14existence of the record not be revealed, and the record not be opened except as required
7.15under subdivision 7. Records must not be destroyed or returned to the subject of the record.
7.16 (e) Information relating to a criminal history record of an employee, former
7.17employee, or tenant that has been expunged before the occurrence of the act giving rise
7.18to the civil action may not be introduced as evidence in a civil action against a private
7.19employer or landlord or its employees or agents that is based on the conduct of the
7.20employee, former employee, or tenant.
7.21EFFECTIVE DATE.This section is effective January 1, 2015.
7.22 Sec. 7. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
7.23to read:
7.24 Subd. 6a. Order when context and circumstances of the underlying crime
7.25indicate a nexus between the criminal record to be expunged and person's status as a
7.26crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (b), clause
7.27(5), that the context and circumstances of the underlying crime indicate a nexus between
7.28the criminal record to be expunged and the person's status as a crime victim, then the effect
7.29of the court order to seal the record of the proceedings shall be to restore the person, in the
7.30contemplation of the law, to the status the person occupied before the arrest, indictment,
7.31or information. The person shall not be guilty of perjury or otherwise of giving a false
7.32statement if the person fails to acknowledge the arrest, indictment, information, or trial in
7.33response to any inquiry made for any purpose. The court may request a sworn statement
7.34from a staff member of a state-funded victim services organization or a licensed health
7.35care provider as evidence to support a determination under section 609A.03, subdivision 5.
8.1 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
8.2 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
8.3to a charge supported by probable cause, the DNA samples and DNA records held by
8.4the Bureau of Criminal Apprehension and collected under authority other than section
8.6(b) Notwithstanding the issuance of an expungement order:
8.7(1) an expunged record may be opened for purposes of a criminal investigation,
8.8prosecution, or sentencing, upon an ex parte court order;
8.9(2) an expunged record of a conviction may be opened for purposes of evaluating a
8.10prospective employee in a criminal justice agency without a court order; and
8.11(3) an expunged record of a conviction may be opened for purposes of a background
8.12study under section
8.13specifically to the commissioner of human services.
8.14Upon request by law enforcement, prosecution, or corrections authorities, an agency
8.15or jurisdiction subject to an expungement order shall inform the requester of the existence
8.16of a sealed record and of the right to obtain access to it as provided by this paragraph. For
8.17purposes of this section, a "criminal justice agency" means courts or a government agency
8.18that performs the administration of criminal justice under statutory authority.
8.19(c) This subdivision applies to expungement orders subject to its limitations and
8.20effective before January 1, 2015.
8.21EFFECTIVE DATE.This section is effective January 1, 2015.
8.22 Sec. 9. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
8.23to read:
8.24 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
8.25to a charge supported by probable cause, the DNA samples and DNA records held by
8.26the Bureau of Criminal Apprehension and collected under authority other than section
8.27
8.28(b) Notwithstanding the issuance of an expungement order:
8.29(1) except as provided in clause (2), an expunged record may be exchanged between
8.30criminal or civil justice agencies without a court order;
8.31(2) a record where the person was found not guilty of a charge not arising out of the
8.32same set of facts and circumstances as another charge that was expunged under section
8.33609A.02, subdivision 3, paragraph (a), clause (1), may be opened for purposes of a criminal
8.34investigation, prosecution, or sentencing, upon an ex parte order, if the requesting agency
8.35states a good faith basis to believe that opening the record may lead to relevant information.
9.1(3) an expunged record of a conviction may be opened for purposes of evaluating a
9.2prospective employee in a criminal justice agency without a court order;
9.3(4) an expunged record of a conviction may be opened for purposes of a background
9.4study under section
9.5specifically to the commissioner of human services; and
9.6(5) the court may order an expunged record opened upon request by the victim of
9.7the underlying offense if the court determines that the record is substantially related to a
9.8matter for which the victim is before the court or another entity.
9.9(c) An agency or jurisdiction subject to an expungement order shall maintain the
9.10record in a manner that provides access to the record by a criminal or civil justice agency
9.11under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been
9.12sealed. Upon request by the commissioner of human services, an agency or jurisdiction
9.13subject to an expungement order shall inform the commissioner of the existence of the
9.14sealed record and of the right to obtain access to the record under paragraph (b), clause (4).
9.15An expunged record that is opened or exchanged under this subdivision remains subject to
9.16the expungement order in the hands of the person receiving the record.
9.17(d) For purposes of this section, a "criminal justice agency" means a court or
9.18government agency that performs the administration of criminal justice under statutory
9.19authority, and a "civil justice agency" means a court or government agency that performs
9.20the administration of civil justice under statutory authority.
9.21(e) This subdivision applies to expungement orders subject to its limitations and
9.22effective on or after January 1, 2015.
9.23EFFECTIVE DATE.This section is effective January 1, 2015.
9.24 Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
9.25 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
9.26administrator shall send a copy of an expungement order to each agency and jurisdiction
9.27whose records are affected by the terms of the order and send a letter to the petitioner
9.28identifying each agency that received the order.
9.29(b) Each agency and jurisdiction receiving the order must send a letter to the
9.30petitioner confirming that the record has been expunged.
9.31(c) Data on the petitioner in a letter sent under this subdivision are private data
9.32on individuals as defined in section 13.02.
9.33EFFECTIVE DATE.This section is effective January 1, 2015.
10.1 Sec. 11. AGENCY COMPLIANCE.
10.2A criminal justice agency must comply with the requirements of section 9 by
10.3January 1, 2016.
10.4EFFECTIVE DATE.This section is effective January 1, 2015.
