Bill Text: MN HF1600 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Rehabilitation for persons with expunged offenses presumption established.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-02 - Author added Abeler [HF1600 Detail]
Download: Minnesota-2011-HF1600-Introduced.html
1.2relating to civil justice; establishing a presumption of rehabilitation for persons
1.3with expunged offenses;amending Minnesota Statutes 2010, sections 364.03,
1.4subdivision 3; 364.10; proposing coding for new law in Minnesota Statutes,
1.5chapter 364.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 364.03, subdivision 3, is amended to read:
1.8 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.9crime or crimes which directly relate to the public employment sought or to the occupation
1.10for which a license is sought shall not be disqualified from the employment or occupation
1.11if the person can show competent evidence of sufficient rehabilitation and present fitness
1.12to perform the duties of the public employment sought or the occupation for which the
1.13license is sought. A copy of a judicial expungement order, whether granted pursuant
1.14to chapter 609A or inherent judicial authority, is conclusive evidence of rehabilitation.
1.15Sufficient evidence of rehabilitation may be established by the production of:
1.16(1) a copy of the local, state, or federal release order; and
1.17(2) evidence showing that at least one year has elapsed since release from any local,
1.18state, or federal correctional institution without subsequent conviction of a crime; and
1.19evidence showing compliance with all terms and conditions of probation or parole; or
1.20(3) a copy of the relevant Department of Corrections discharge order or other
1.21documents showing completion of probation or parole supervision.
1.22(b) In addition to the documentary evidence presented, the licensing or hiring
1.23authority shall consider any evidence presented by the applicant regarding:
1.24(1) the nature and seriousness of the crime or crimes for which convicted;
2.1(2) all circumstances relative to the crime or crimes, including mitigating
2.2circumstances or social conditions surrounding the commission of the crime or crimes;
2.3(3) the age of the person at the time the crime or crimes were committed;
2.4(4) the length of time elapsed since the crime or crimes were committed; and
2.5(5) all other competent evidence of rehabilitation and present fitness presented,
2.6including, but not limited to, letters of reference by persons who have been in contact with
2.7the applicant since the applicant's release from any local, state, or federal correctional
2.8institution.
2.9 Sec. 2. Minnesota Statutes 2010, section 364.10, is amended to read:
2.10364.10 VIOLATION OF CIVIL RIGHTS.
2.11Violation of the rights established insections
364.01 to
364.10
2.12constitute a violation of a person's civil rights.
2.13 Sec. 3. [364.20] PRIVATE EMPLOYERS; EXPUNGED CONVICTIONS.
2.14A private employer may not dismiss an employee or refuse to hire an applicant
2.15based solely upon a criminal offense that has been expunged pursuant to chapter 609A or
2.16inherent judicial authority. Prior to dismissing an employee or refusing to hire an applicant
2.17solely because of a past conviction, the employer must inform the person of the reason
2.18for the action and allow the person not less than 72 hours to provide the employer with a
2.19copy of an expungement order for the disqualifying offense.
1.3with expunged offenses;amending Minnesota Statutes 2010, sections 364.03,
1.4subdivision 3; 364.10; proposing coding for new law in Minnesota Statutes,
1.5chapter 364.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 364.03, subdivision 3, is amended to read:
1.8 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.9crime or crimes which directly relate to the public employment sought or to the occupation
1.10for which a license is sought shall not be disqualified from the employment or occupation
1.11if the person can show competent evidence of sufficient rehabilitation and present fitness
1.12to perform the duties of the public employment sought or the occupation for which the
1.13license is sought. A copy of a judicial expungement order, whether granted pursuant
1.14to chapter 609A or inherent judicial authority, is conclusive evidence of rehabilitation.
1.15Sufficient evidence of rehabilitation may be established by the production of:
1.16(1) a copy of the local, state, or federal release order; and
1.17(2) evidence showing that at least one year has elapsed since release from any local,
1.18state, or federal correctional institution without subsequent conviction of a crime; and
1.19evidence showing compliance with all terms and conditions of probation or parole; or
1.20(3) a copy of the relevant Department of Corrections discharge order or other
1.21documents showing completion of probation or parole supervision.
1.22(b) In addition to the documentary evidence presented, the licensing or hiring
1.23authority shall consider any evidence presented by the applicant regarding:
1.24(1) the nature and seriousness of the crime or crimes for which convicted;
2.1(2) all circumstances relative to the crime or crimes, including mitigating
2.2circumstances or social conditions surrounding the commission of the crime or crimes;
2.3(3) the age of the person at the time the crime or crimes were committed;
2.4(4) the length of time elapsed since the crime or crimes were committed; and
2.5(5) all other competent evidence of rehabilitation and present fitness presented,
2.6including, but not limited to, letters of reference by persons who have been in contact with
2.7the applicant since the applicant's release from any local, state, or federal correctional
2.8institution.
2.9 Sec. 2. Minnesota Statutes 2010, section 364.10, is amended to read:
2.10364.10 VIOLATION OF CIVIL RIGHTS.
2.11Violation of the rights established in
2.12constitute a violation of a person's civil rights.
2.13 Sec. 3. [364.20] PRIVATE EMPLOYERS; EXPUNGED CONVICTIONS.
2.14A private employer may not dismiss an employee or refuse to hire an applicant
2.15based solely upon a criminal offense that has been expunged pursuant to chapter 609A or
2.16inherent judicial authority. Prior to dismissing an employee or refusing to hire an applicant
2.17solely because of a past conviction, the employer must inform the person of the reason
2.18for the action and allow the person not less than 72 hours to provide the employer with a
2.19copy of an expungement order for the disqualifying offense.
