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; appropriating
1.5money;amending Minnesota Statutes 2012, sections 245C.22, subdivision
1.67; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a
1.7subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03,
1.8subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law
1.9in Minnesota Statutes, chapter 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 of the disqualifying criminal record according to
2.29chapter 260B or 609A that does not limit the commissioner's access to the record, the data
2.30that would otherwise become public under paragraphs (a) and (b) remains private data.
2.31 Sec. 2. Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read:
2.32 Subdivision 1. Disqualification that is rescinded or set aside. (a) If the
2.33commissioner rescinds or sets aside a disqualification, the commissioner shall notify the
2.34applicant, license holder, or other entity in writing or by electronic transmission of the
2.35decision.
3.1(b) In the notice from the commissioner that a disqualification has been rescinded,
3.2the commissioner must inform the applicant, license holder, or other entity that the
3.3information relied upon to disqualify the individual was incorrect.
3.4(c) Except as provided in paragraph (d), in the notice from the commissioner
3.5that a disqualification has been set aside, the commissioner must inform the applicant,
3.6license holder, or other entity of the reason for the individual's disqualification and that
3.7information about which factors under section245C.22, subdivision 4 , were the basis
3.8of the decision to set aside the disqualification are available to the license holder upon
3.9request without the consent of the background study subject.
3.10(d) When the commissioner has reason to know that a disqualified individual has
3.11received an order for expungement of the disqualifying criminal record according to chapter
3.12260B or 609A that does not limit the commissioner's access to the record, the notice from
3.13the commissioner that a disqualification has been set aside must not inform the applicant,
3.14license holder, or other entity of the information under paragraph (c), and must state that
3.15the records related to the individual's disqualification have been sealed under a court order.
3.16 Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
3.17 Subd. 6. Expungement.Except when legal custody is transferred under the
3.18provisions of subdivision 1, clause (4), (a) The court may expunge the adjudication
3.19of all records relating to delinquency at any time that it deems advisable if the court
3.20determines that expungement of the record would yield a benefit to the subject of the
3.21record that outweighs the detriment to the public and public safety in sealing the record
3.22and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
3.23and monitoring the order.
3.24(b) In making a determination under this subdivision, the court shall consider:
3.25(1) the age, education, experience, and background, including mental and emotional
3.26development, of the subject of the record at the time of commission of the offense;
3.27(2) the circumstances and nature and severity of the offense, including any
3.28aggravating or mitigating factors in the commission of the offense;
3.29(3) victim and community impact, including age and vulnerability of the victim;
3.30(4) the level of participation of the subject of the record in the planning and carrying
3.31out of the offense, including familial or peer influence in the commission of the offense;
3.32(5) the juvenile delinquency and criminal history of the subject of the record;
3.33(6) the programming history of the subject of the record, including child welfare,
3.34school and community-based, and probation interventions, and the subject's willingness to
3.35participate meaningfully in programming, probation, or both;
4.1(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.2potential for rehabilitation of the subject of the record; and
4.3(8) the benefit that expungement would yield to the subject of the record in pursuing
4.4education, employment, housing, or other necessities.
4.5(c) A record expunged under this subdivision prior to the effective date of this act
4.6may not be opened or exchanged. A record expunged under this subdivision on or after
4.7the effective date of this act is sealed and access only allowed pursuant to paragraph (d).
4.8(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.9on or after the effective date of this act may be opened or exchanged between criminal
4.10justice agencies in the same manner as a criminal record under section 609A.03,
4.11subdivision 7a, paragraph (b).
4.12(e) Section 609A.03, subdivision 9, applies to an appeal of an order under this
4.13subdivision.
4.14EFFECTIVE DATE.This section is effective January 1, 2015.
4.15 Sec. 4. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.16to read:
4.17 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.18a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.19service shall promptly delete the record.
4.20EFFECTIVE DATE.This section is effective January 1, 2015.
4.21 Sec. 5. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
4.22 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
4.23immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
4.24tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
4.25for the costs and also immediately issue a writ of recovery of premises and order to vacate.
4.26(b) The court shall give priority in issuing a writ of recovery of premises and order
4.27to vacate for an eviction action brought under section504B.171 or on the basis that the
4.28tenant is causing a nuisance or seriously endangers the safety of other residents, their
4.29property, or the landlord's property.
4.30(c) If the court or jury finds for the defendant,:
4.31 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
4.32and issue execution in favor of the defendant; and
5.1(2) the court may expunge the records relating to the action at the time judgment is
5.2entered or after that time.
5.3(d) Except in actions brought: (1) under section504B.291 as required by section
5.4609.5317, subdivision 1
; (2) under section
504B.171 ; or (3) on the basis that the tenant is
5.5causing a nuisance or seriously endangers the safety of other residents, their property, or
5.6the landlord's property, upon a showing by the defendant that immediate restitution of the
5.7premises would work a substantial hardship upon the defendant or the defendant's family,
5.8the court shall stay the writ of recovery of premises and order to vacate for a reasonable
5.9period, not to exceed seven days.
5.10EFFECTIVE DATE.This section is effective January 1, 2015.
5.11 Sec. 6. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
5.12 Subd. 3. Certain criminal proceedingsnot resulting in conviction. (a) A petition
5.13may be filed under section609A.03 to seal all records relating to an arrest, indictment or
5.14information, trial, or verdict if the records are not subject to section299C.11, subdivision
5.151 , paragraph (b), and if:
5.16(1) all pending actions or proceedings were resolved in favor of the petitioner.
5.17For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
5.18resolution in favor of the petitioner.;
5.19(2) the petitioner has successfully completed the terms of a diversion program or
5.20stay of adjudication and has not been charged with a new crime for at least two years since
5.21completion of the diversion program or stay of adjudication;
5.22(3) the petitioner was convicted of or received a stayed sentence for a petty
5.23misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new
5.24crime for at least five years since discharge of the sentence for the crime; or
5.25(4) the petitioner was convicted of or received a stayed sentence for a felony
5.26violation of an offense listed in paragraph (b), and has not been convicted of a new crime
5.27for at least eight years since discharge of the sentence for the crime.
5.28(b) Paragraph (a), clause (4), applies to the following offenses:
5.29(1) section 35.824 (altering livestock certificate);
5.30(2) section 62A.41 (insurance regulations);
5.31(3) section 86B.865, subdivision 1 (certification for title on watercraft);
5.32(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
5.33simulated controlled substance);
5.34(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
5.35subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
6.1(6) chapter 201; 203B; or 204C (voting violations);
6.2(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
6.3(8) section 256.984 (false declaration in assistance application);
6.4(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
6.5(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
6.6(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
6.7(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
6.8notices and solicitations);
6.9(13) section 346.155, subdivision 10 (failure to control regulated animal);
6.10(14) section 349.2127; or 349.22 (gambling regulations);
6.11(15) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
6.12(16) section 609.31 (leaving state to evade establishment of paternity);
6.13(17) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
6.14civil commitment or mental illness);
6.15(18) section 609.49 (failure to appear in court);
6.16(19) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
6.17theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
6.18(theft of $1,000 or less with risk of bodily harm);
6.19(20) section 609.525 (bringing stolen goods into state);
6.20(21) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
6.21(22) section 609.527, subdivision 5b (possession or use of scanning device or
6.22reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
6.23check); or 609.529 (mail theft);
6.24(23) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
6.25over $500);
6.26(24) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
6.27(25) section 609.551 (rustling and livestock theft);
6.28(26) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
6.29(27) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
6.30(28) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
6.31(a) (criminal damage to property);
6.32(29) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
6.33(30) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
6.344, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
6.35pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
7.1(31) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
7.24, paragraph (a) (lottery fraud);
7.3(32) section 609.652 (fraudulent driver's license and identification card);
7.4(33) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
7.5or 609.66, subdivision 1b (furnishing firearm to minor);
7.6(34) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
7.7(35) section 609.686, subdivision 2 (tampering with fire alarm);
7.8(36) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
7.9subsequent violation or minor victim);
7.10(37) section 609.80, subdivision 2 (interference with cable communications system);
7.11(38) section 609.821, subdivision 2 (financial transaction card fraud);
7.12(39) section 609.822 (residential mortgage fraud);
7.13(40) section 609.825, subdivision 2 (bribery of participant or official in contest);
7.14(41) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
7.15transit operator);
7.16(42) section 609.88 (computer damage); or 609.89 (computer theft);
7.17(43) section 609.893, subdivision 2 (telecommunications and information services
7.18fraud);
7.19(44) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
7.20(45) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
7.21property);
7.22(46) section 609.896 (movie pirating);
7.23(47) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
7.24624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
7.25subdivision 2 (transfer of pistol to ineligible person); or
7.26(48) section 624.7181 (rifle or shotgun in public by minor).
7.27(c) Paragraph (a), clause (3), does not apply if the crime involved domestic abuse or
7.28sexual assault, as defined in section 518B.01, subdivision 2, or to violation of an order for
7.29protection under section 518B.01, subdivision 14, a harassment restraining order under
7.30section 609.748, subdivision 6, a violation of section 609.749, or a violation of section
7.31629.75. This paragraph expires on July 15, 2015.
7.32EFFECTIVE DATE.This section is effective January 1, 2015.
7.33 Sec. 7. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
7.34PROSECUTOR AGREEMENT AND NOTIFICATION.
8.1(a) If the prosecutor agrees to the sealing of a criminal record, the court shall order
8.2the sealing of the criminal record for a person described in section 609A.02, subdivision
8.33, without the filing of a petition unless it determines that the interests of the public and
8.4public safety in keeping the record public outweigh the disadvantages to the subject of the
8.5record in not sealing it.
8.6(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
8.7make a good faith effort to notify any identifiable victims of the offense of the intended
8.8agreement and the opportunity to object to the agreement.
8.9(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
8.10for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
8.11occur before or after the criminal charges are dismissed.
8.12EFFECTIVE DATE.This section is effective January 1, 2015.
8.13 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.14 Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
8.15record who is seeking the expungement of the record shall file a petition under this section
8.16and pay a filing fee in the amount required under section357.021, subdivision 2 , clause
8.17(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.18described in section609A.02, subdivision 3 , paragraph (a), clause (1).
8.19 Sec. 9. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
8.20 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
8.21paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
8.22only upon clear and convincing evidence that it would yield a benefit to the petitioner
8.23commensurate with the disadvantages to the public and public safety of:
8.24(1) sealing the record; and
8.25(2) burdening the court and public authorities to issue, enforce, and monitor an
8.26expungement order.
8.27(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
8.28for the sealing of a criminal record under section609A.02, subdivision 3 , paragraph (a),
8.29clause (1) or (2), the court shall grant the petition to seal the record unless the agency
8.30or jurisdiction whose records would be affected establishes by clear and convincing
8.31evidence that the interests of the public and public safety outweigh the disadvantages
8.32to the petitioner of not sealing the record.
8.33(c) In making a determination under this subdivision, the court shall consider:
9.1(1) the nature and severity of the underlying crime, the record of which would
9.2be sealed;
9.3(2) the risk, if any, the petitioner poses to individuals or society;
9.4(3) the length of time since the crime occurred;
9.5(4) the steps taken by the petitioner toward rehabilitation following the crime;
9.6(5) aggravating or mitigating factors relating to the underlying crime, including the
9.7petitioner's level of participation and context and circumstances of the underlying crime;
9.8(6) the reasons for the expungement, including the petitioner's attempts to obtain
9.9employment, housing, or other necessities;
9.10(7) the petitioner's criminal record;
9.11(8) the petitioner's record of employment and community involvement;
9.12(9) the recommendations of interested law enforcement, prosecutorial, and
9.13corrections officials;
9.14(10) the recommendations of victims or whether victims of the underlying crime
9.15were minors; and
9.16(11) other factors deemed relevant by the court.
9.17(c) (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the
9.18court issues an expungement order it may require that the criminal record be sealed, the
9.19existence of the record not be revealed, and the record not be opened except as required
9.20under subdivision 7. Records must not be destroyed or returned to the subject of the record.
9.21 (e) Information relating to a criminal history record of an employee, former
9.22employee, or tenant that has been expunged before the occurrence of the act giving rise
9.23to the civil action may not be introduced as evidence in a civil action against a private
9.24employer or landlord or its employees or agents that is based on the conduct of the
9.25employee, former employee, or tenant.
9.26EFFECTIVE DATE.This section is effective January 1, 2015.
9.27 Sec. 10. Minnesota Statutes 2012, section 609A.03, is amended by adding a
9.28subdivision to read:
9.29 Subd. 6a. Order when context and circumstances of the underlying crime
9.30indicate a nexus between the criminal record to be expunged and person's status as a
9.31crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause
9.32(5), that the context and circumstances of the underlying crime indicate a nexus between
9.33the criminal record to be expunged and the person's status as a crime victim, then the effect
9.34of the court order to seal the record of the proceedings shall be to restore the person, in the
9.35contemplation of the law, to the status the person occupied before the arrest, indictment,
10.1or information. The person shall not be guilty of perjury or otherwise of giving a false
10.2statement if the person fails to acknowledge the arrest, indictment, information, or trial in
10.3response to any inquiry made for any purpose. The court may request a sworn statement
10.4from a staff member of a state-funded victim services organization or a licensed health
10.5care provider as evidence to support a determination under section 609A.03, subdivision 5.
10.6 Sec. 11. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
10.7 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
10.8to a charge supported by probable cause, the DNA samples and DNA records held by
10.9the Bureau of Criminal Apprehension and collected under authority other than section
10.10299C.105
, shall not be sealed, returned to the subject of the record, or destroyed.
10.11(b) Notwithstanding the issuance of an expungement order:
10.12(1) an expunged record may be opened for purposes of a criminal investigation,
10.13prosecution, or sentencing, upon an ex parte court order;
10.14(2) an expunged record of a conviction may be opened for purposes of evaluating a
10.15prospective employee in a criminal justice agency without a court order; and
10.16(3) an expunged record of a conviction may be opened for purposes of a background
10.17study under section245C.08 unless the court order for expungement is directed
10.18specifically to the commissioner of human services.
10.19Upon request by law enforcement, prosecution, or corrections authorities, an agency
10.20or jurisdiction subject to an expungement order shall inform the requester of the existence
10.21of a sealed record and of the right to obtain access to it as provided by this paragraph. For
10.22purposes of this section, a "criminal justice agency" means courts or a government agency
10.23that performs the administration of criminal justice under statutory authority.
10.24(c) This subdivision applies to expungement orders subject to its limitations and
10.25effective before January 1, 2015.
10.26EFFECTIVE DATE.This section is effective January 1, 2015.
10.27 Sec. 12. Minnesota Statutes 2012, section 609A.03, is amended by adding a
10.28subdivision to read:
10.29 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
10.30to a charge supported by probable cause, the DNA samples and DNA records held by
10.31the Bureau of Criminal Apprehension and collected under authority other than section
10.32299C.105 shall not be sealed, returned to the subject of the record, or destroyed.
10.33(b) Notwithstanding the issuance of an expungement order:
11.1(1) except as provided in clause (2), an expunged record may be opened or
11.2exchanged between criminal justice agencies without a court order for the purposes
11.3of initiating, furthering, or completing a criminal investigation or prosecution or for
11.4sentencing purposes or providing probation or other correctional services;
11.5(2) a record where the person was found not guilty of a charge not arising out of the
11.6same set of facts and circumstances as another charge that was expunged under section
11.7609A.02, subdivision 3, paragraph (a), clause (1), may be opened for purposes of a criminal
11.8investigation, prosecution, or sentencing, upon an ex parte order, if the requesting agency
11.9states a good faith basis to believe that opening the record may lead to relevant information;
11.10(3) an expunged record of a conviction may be opened for purposes of evaluating a
11.11prospective employee in a criminal justice agency without a court order;
11.12(4) an expunged record of a conviction may be opened for purposes of a background
11.13study under section245C.08 unless the commissioner had been properly served with
11.14notice of the petition for expungement and the court order for expungement is directed
11.15specifically to the commissioner of human services; and
11.16(5) the court may order an expunged record opened upon request by the victim of
11.17the underlying offense if the court determines that the record is substantially related to a
11.18matter for which the victim is before the court or another entity.
11.19(c) An agency or jurisdiction subject to an expungement order shall maintain the
11.20record in a manner that provides access to the record by a criminal justice agency under
11.21paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.
11.22Upon request by the commissioner of human services, an agency or jurisdiction subject
11.23to an expungement order shall inform the commissioner of the existence of the sealed
11.24record and of the right to obtain access to the record under paragraph (b), clause (4). An
11.25expunged record that is opened or exchanged under this subdivision remains subject to the
11.26expungement order in the hands of the person receiving the record.
11.27(d) For purposes of this section, a "criminal justice agency" means a court or
11.28government agency that performs the administration of criminal justice under statutory
11.29authority.
11.30(e) This subdivision applies to expungement orders subject to its limitations and
11.31effective on or after January 1, 2015.
11.32EFFECTIVE DATE.This section is effective January 1, 2015.
11.33 Sec. 13. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
11.34 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
11.35administrator shall send a copy of an expungement order to each agency and jurisdiction
12.1whose records are affected by the terms of the order and send a letter to the petitioner
12.2identifying each agency that received the order.
12.3(b) Each agency and jurisdiction receiving the order must send a letter to the
12.4petitioner confirming that the record has been expunged.
12.5(c) Data on the petitioner in a letter sent under this subdivision are private data
12.6on individuals as defined in section 13.02.
12.7EFFECTIVE DATE.This section is effective January 1, 2015.
12.8 Sec. 14. AGENCY COMPLIANCE.
12.9A criminal justice agency must comply with the requirements of section 12 by
12.10January 1, 2016.
12.11 Sec. 15. APPROPRIATION.
12.12 Subdivision 1. Public safety. $600,000 in fiscal year 2015 is appropriated from
12.13the general fund to the commissioner of public safety for the Bureau of Criminal
12.14Apprehension to implement this act.
12.15 Subd. 2. Human services. $82,000 in fiscal year 2015 is appropriated from the
12.16general fund to the commissioner of human services to implement this act.
1.3criminal records; requiring business screening services to delete expunged
1.4records; allowing expungement of eviction records in certain cases; appropriating
1.5money;amending Minnesota Statutes 2012, sections 245C.22, subdivision
1.67; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a
1.7subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03,
1.8subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law
1.9in Minnesota Statutes, chapter 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 of the disqualifying criminal record according to
2.29chapter 260B or 609A that does not limit the commissioner's access to the record, the data
2.30that would otherwise become public under paragraphs (a) and (b) remains private data.
2.31 Sec. 2. Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read:
2.32 Subdivision 1. Disqualification that is rescinded or set aside. (a) If the
2.33commissioner rescinds or sets aside a disqualification, the commissioner shall notify the
2.34applicant, license holder, or other entity in writing or by electronic transmission of the
2.35decision.
3.1(b) In the notice from the commissioner that a disqualification has been rescinded,
3.2the commissioner must inform the applicant, license holder, or other entity that the
3.3information relied upon to disqualify the individual was incorrect.
3.4(c) Except as provided in paragraph (d), in the notice from the commissioner
3.5that a disqualification has been set aside, the commissioner must inform the applicant,
3.6license holder, or other entity of the reason for the individual's disqualification and that
3.7information about which factors under section
3.8of the decision to set aside the disqualification are available to the license holder upon
3.9request without the consent of the background study subject.
3.10(d) When the commissioner has reason to know that a disqualified individual has
3.11received an order for expungement of the disqualifying criminal record according to chapter
3.12260B or 609A that does not limit the commissioner's access to the record, the notice from
3.13the commissioner that a disqualification has been set aside must not inform the applicant,
3.14license holder, or other entity of the information under paragraph (c), and must state that
3.15the records related to the individual's disqualification have been sealed under a court order.
3.16 Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:
3.17 Subd. 6. Expungement.
3.18
3.19
3.20determines that expungement of the record would yield a benefit to the subject of the
3.21record that outweighs the detriment to the public and public safety in sealing the record
3.22and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
3.23and monitoring the order.
3.24(b) In making a determination under this subdivision, the court shall consider:
3.25(1) the age, education, experience, and background, including mental and emotional
3.26development, of the subject of the record at the time of commission of the offense;
3.27(2) the circumstances and nature and severity of the offense, including any
3.28aggravating or mitigating factors in the commission of the offense;
3.29(3) victim and community impact, including age and vulnerability of the victim;
3.30(4) the level of participation of the subject of the record in the planning and carrying
3.31out of the offense, including familial or peer influence in the commission of the offense;
3.32(5) the juvenile delinquency and criminal history of the subject of the record;
3.33(6) the programming history of the subject of the record, including child welfare,
3.34school and community-based, and probation interventions, and the subject's willingness to
3.35participate meaningfully in programming, probation, or both;
4.1(7) any other aggravating or mitigating circumstance bearing on the culpability or
4.2potential for rehabilitation of the subject of the record; and
4.3(8) the benefit that expungement would yield to the subject of the record in pursuing
4.4education, employment, housing, or other necessities.
4.5(c) A record expunged under this subdivision prior to the effective date of this act
4.6may not be opened or exchanged. A record expunged under this subdivision on or after
4.7the effective date of this act is sealed and access only allowed pursuant to paragraph (d).
4.8(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
4.9on or after the effective date of this act may be opened or exchanged between criminal
4.10justice agencies in the same manner as a criminal record under section 609A.03,
4.11subdivision 7a, paragraph (b).
4.12(e) Section 609A.03, subdivision 9, applies to an appeal of an order under this
4.13subdivision.
4.14EFFECTIVE DATE.This section is effective January 1, 2015.
4.15 Sec. 4. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
4.16to read:
4.17 Subd. 3a. Deletion of expunged records. If a business screening service knows that
4.18a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
4.19service shall promptly delete the record.
4.20EFFECTIVE DATE.This section is effective January 1, 2015.
4.21 Sec. 5. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
4.22 Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall
4.23immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
4.24tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
4.25for the costs and also immediately issue a writ of recovery of premises and order to vacate.
4.26(b) The court shall give priority in issuing a writ of recovery of premises and order
4.27to vacate for an eviction action brought under section
4.28tenant is causing a nuisance or seriously endangers the safety of other residents, their
4.29property, or the landlord's property.
4.30(c) If the court or jury finds for the defendant
4.31 (1) the court shall enter judgment for the defendant, tax the costs against the plaintiff,
4.32and issue execution in favor of the defendant; and
5.1(2) the court may expunge the records relating to the action at the time judgment is
5.2entered or after that time.
5.3(d) Except in actions brought: (1) under section
5.5causing a nuisance or seriously endangers the safety of other residents, their property, or
5.6the landlord's property, upon a showing by the defendant that immediate restitution of the
5.7premises would work a substantial hardship upon the defendant or the defendant's family,
5.8the court shall stay the writ of recovery of premises and order to vacate for a reasonable
5.9period, not to exceed seven days.
5.10EFFECTIVE DATE.This section is effective January 1, 2015.
5.11 Sec. 6. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
5.12 Subd. 3. Certain criminal proceedings
5.13may be filed under section
5.14information, trial, or verdict if the records are not subject to section
5.151
5.16(1) all pending actions or proceedings were resolved in favor of the petitioner.
5.17For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
5.18resolution in favor of the petitioner
5.19(2) the petitioner has successfully completed the terms of a diversion program or
5.20stay of adjudication and has not been charged with a new crime for at least two years since
5.21completion of the diversion program or stay of adjudication;
5.22(3) the petitioner was convicted of or received a stayed sentence for a petty
5.23misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new
5.24crime for at least five years since discharge of the sentence for the crime; or
5.25(4) the petitioner was convicted of or received a stayed sentence for a felony
5.26violation of an offense listed in paragraph (b), and has not been convicted of a new crime
5.27for at least eight years since discharge of the sentence for the crime.
5.28(b) Paragraph (a), clause (4), applies to the following offenses:
5.29(1) section 35.824 (altering livestock certificate);
5.30(2) section 62A.41 (insurance regulations);
5.31(3) section 86B.865, subdivision 1 (certification for title on watercraft);
5.32(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
5.33simulated controlled substance);
5.34(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
5.35subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
6.1(6) chapter 201; 203B; or 204C (voting violations);
6.2(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
6.3(8) section 256.984 (false declaration in assistance application);
6.4(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
6.5(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
6.6(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
6.7(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
6.8notices and solicitations);
6.9(13) section 346.155, subdivision 10 (failure to control regulated animal);
6.10(14) section 349.2127; or 349.22 (gambling regulations);
6.11(15) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
6.12(16) section 609.31 (leaving state to evade establishment of paternity);
6.13(17) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
6.14civil commitment or mental illness);
6.15(18) section 609.49 (failure to appear in court);
6.16(19) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
6.17theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
6.18(theft of $1,000 or less with risk of bodily harm);
6.19(20) section 609.525 (bringing stolen goods into state);
6.20(21) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
6.21(22) section 609.527, subdivision 5b (possession or use of scanning device or
6.22reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
6.23check); or 609.529 (mail theft);
6.24(23) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
6.25over $500);
6.26(24) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
6.27(25) section 609.551 (rustling and livestock theft);
6.28(26) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
6.29(27) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
6.30(28) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
6.31(a) (criminal damage to property);
6.32(29) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
6.33(30) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
6.344, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
6.35pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
7.1(31) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
7.24, paragraph (a) (lottery fraud);
7.3(32) section 609.652 (fraudulent driver's license and identification card);
7.4(33) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
7.5or 609.66, subdivision 1b (furnishing firearm to minor);
7.6(34) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
7.7(35) section 609.686, subdivision 2 (tampering with fire alarm);
7.8(36) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
7.9subsequent violation or minor victim);
7.10(37) section 609.80, subdivision 2 (interference with cable communications system);
7.11(38) section 609.821, subdivision 2 (financial transaction card fraud);
7.12(39) section 609.822 (residential mortgage fraud);
7.13(40) section 609.825, subdivision 2 (bribery of participant or official in contest);
7.14(41) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
7.15transit operator);
7.16(42) section 609.88 (computer damage); or 609.89 (computer theft);
7.17(43) section 609.893, subdivision 2 (telecommunications and information services
7.18fraud);
7.19(44) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
7.20(45) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
7.21property);
7.22(46) section 609.896 (movie pirating);
7.23(47) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
7.24624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
7.25subdivision 2 (transfer of pistol to ineligible person); or
7.26(48) section 624.7181 (rifle or shotgun in public by minor).
7.27(c) Paragraph (a), clause (3), does not apply if the crime involved domestic abuse or
7.28sexual assault, as defined in section 518B.01, subdivision 2, or to violation of an order for
7.29protection under section 518B.01, subdivision 14, a harassment restraining order under
7.30section 609.748, subdivision 6, a violation of section 609.749, or a violation of section
7.31629.75. This paragraph expires on July 15, 2015.
7.32EFFECTIVE DATE.This section is effective January 1, 2015.
7.33 Sec. 7. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
7.34PROSECUTOR AGREEMENT AND NOTIFICATION.
8.1(a) If the prosecutor agrees to the sealing of a criminal record, the court shall order
8.2the sealing of the criminal record for a person described in section 609A.02, subdivision
8.33, without the filing of a petition unless it determines that the interests of the public and
8.4public safety in keeping the record public outweigh the disadvantages to the subject of the
8.5record in not sealing it.
8.6(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
8.7make a good faith effort to notify any identifiable victims of the offense of the intended
8.8agreement and the opportunity to object to the agreement.
8.9(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
8.10for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
8.11occur before or after the criminal charges are dismissed.
8.12EFFECTIVE DATE.This section is effective January 1, 2015.
8.13 Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.14 Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal
8.15record who is seeking the expungement of the record shall file a petition under this section
8.16and pay a filing fee in the amount required under section
8.17(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.18described in section
8.19 Sec. 9. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
8.20 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by
8.21paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted
8.22only upon clear and convincing evidence that it would yield a benefit to the petitioner
8.23commensurate with the disadvantages to the public and public safety of:
8.24(1) sealing the record; and
8.25(2) burdening the court and public authorities to issue, enforce, and monitor an
8.26expungement order.
8.27(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning
8.28for the sealing of a criminal record under section
8.29clause (1) or (2), the court shall grant the petition to seal the record unless the agency
8.30or jurisdiction whose records would be affected establishes by clear and convincing
8.31evidence that the interests of the public and public safety outweigh the disadvantages
8.32to the petitioner of not sealing the record.
8.33(c) In making a determination under this subdivision, the court shall consider:
9.1(1) the nature and severity of the underlying crime, the record of which would
9.2be sealed;
9.3(2) the risk, if any, the petitioner poses to individuals or society;
9.4(3) the length of time since the crime occurred;
9.5(4) the steps taken by the petitioner toward rehabilitation following the crime;
9.6(5) aggravating or mitigating factors relating to the underlying crime, including the
9.7petitioner's level of participation and context and circumstances of the underlying crime;
9.8(6) the reasons for the expungement, including the petitioner's attempts to obtain
9.9employment, housing, or other necessities;
9.10(7) the petitioner's criminal record;
9.11(8) the petitioner's record of employment and community involvement;
9.12(9) the recommendations of interested law enforcement, prosecutorial, and
9.13corrections officials;
9.14(10) the recommendations of victims or whether victims of the underlying crime
9.15were minors; and
9.16(11) other factors deemed relevant by the court.
9.17
9.18court issues an expungement order it may require that the criminal record be sealed, the
9.19existence of the record not be revealed, and the record not be opened except as required
9.20under subdivision 7. Records must not be destroyed or returned to the subject of the record.
9.21 (e) Information relating to a criminal history record of an employee, former
9.22employee, or tenant that has been expunged before the occurrence of the act giving rise
9.23to the civil action may not be introduced as evidence in a civil action against a private
9.24employer or landlord or its employees or agents that is based on the conduct of the
9.25employee, former employee, or tenant.
9.26EFFECTIVE DATE.This section is effective January 1, 2015.
9.27 Sec. 10. Minnesota Statutes 2012, section 609A.03, is amended by adding a
9.28subdivision to read:
9.29 Subd. 6a. Order when context and circumstances of the underlying crime
9.30indicate a nexus between the criminal record to be expunged and person's status as a
9.31crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause
9.32(5), that the context and circumstances of the underlying crime indicate a nexus between
9.33the criminal record to be expunged and the person's status as a crime victim, then the effect
9.34of the court order to seal the record of the proceedings shall be to restore the person, in the
9.35contemplation of the law, to the status the person occupied before the arrest, indictment,
10.1or information. The person shall not be guilty of perjury or otherwise of giving a false
10.2statement if the person fails to acknowledge the arrest, indictment, information, or trial in
10.3response to any inquiry made for any purpose. The court may request a sworn statement
10.4from a staff member of a state-funded victim services organization or a licensed health
10.5care provider as evidence to support a determination under section 609A.03, subdivision 5.
10.6 Sec. 11. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
10.7 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
10.8to a charge supported by probable cause, the DNA samples and DNA records held by
10.9the Bureau of Criminal Apprehension and collected under authority other than section
10.11(b) Notwithstanding the issuance of an expungement order:
10.12(1) an expunged record may be opened for purposes of a criminal investigation,
10.13prosecution, or sentencing, upon an ex parte court order;
10.14(2) an expunged record of a conviction may be opened for purposes of evaluating a
10.15prospective employee in a criminal justice agency without a court order; and
10.16(3) an expunged record of a conviction may be opened for purposes of a background
10.17study under section
10.18specifically to the commissioner of human services.
10.19Upon request by law enforcement, prosecution, or corrections authorities, an agency
10.20or jurisdiction subject to an expungement order shall inform the requester of the existence
10.21of a sealed record and of the right to obtain access to it as provided by this paragraph. For
10.22purposes of this section, a "criminal justice agency" means courts or a government agency
10.23that performs the administration of criminal justice under statutory authority.
10.24(c) This subdivision applies to expungement orders subject to its limitations and
10.25effective before January 1, 2015.
10.26EFFECTIVE DATE.This section is effective January 1, 2015.
10.27 Sec. 12. Minnesota Statutes 2012, section 609A.03, is amended by adding a
10.28subdivision to read:
10.29 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
10.30to a charge supported by probable cause, the DNA samples and DNA records held by
10.31the Bureau of Criminal Apprehension and collected under authority other than section
10.32
10.33(b) Notwithstanding the issuance of an expungement order:
11.1(1) except as provided in clause (2), an expunged record may be opened or
11.2exchanged between criminal justice agencies without a court order for the purposes
11.3of initiating, furthering, or completing a criminal investigation or prosecution or for
11.4sentencing purposes or providing probation or other correctional services;
11.5(2) a record where the person was found not guilty of a charge not arising out of the
11.6same set of facts and circumstances as another charge that was expunged under section
11.7609A.02, subdivision 3, paragraph (a), clause (1), may be opened for purposes of a criminal
11.8investigation, prosecution, or sentencing, upon an ex parte order, if the requesting agency
11.9states a good faith basis to believe that opening the record may lead to relevant information;
11.10(3) an expunged record of a conviction may be opened for purposes of evaluating a
11.11prospective employee in a criminal justice agency without a court order;
11.12(4) an expunged record of a conviction may be opened for purposes of a background
11.13study under section
11.14notice of the petition for expungement and the court order for expungement is directed
11.15specifically to the commissioner of human services; and
11.16(5) the court may order an expunged record opened upon request by the victim of
11.17the underlying offense if the court determines that the record is substantially related to a
11.18matter for which the victim is before the court or another entity.
11.19(c) An agency or jurisdiction subject to an expungement order shall maintain the
11.20record in a manner that provides access to the record by a criminal justice agency under
11.21paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.
11.22Upon request by the commissioner of human services, an agency or jurisdiction subject
11.23to an expungement order shall inform the commissioner of the existence of the sealed
11.24record and of the right to obtain access to the record under paragraph (b), clause (4). An
11.25expunged record that is opened or exchanged under this subdivision remains subject to the
11.26expungement order in the hands of the person receiving the record.
11.27(d) For purposes of this section, a "criminal justice agency" means a court or
11.28government agency that performs the administration of criminal justice under statutory
11.29authority.
11.30(e) This subdivision applies to expungement orders subject to its limitations and
11.31effective on or after January 1, 2015.
11.32EFFECTIVE DATE.This section is effective January 1, 2015.
11.33 Sec. 13. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
11.34 Subd. 8. Distribution and confirmation of expungement orders. (a) The court
11.35administrator shall send a copy of an expungement order to each agency and jurisdiction
12.1whose records are affected by the terms of the order and send a letter to the petitioner
12.2identifying each agency that received the order.
12.3(b) Each agency and jurisdiction receiving the order must send a letter to the
12.4petitioner confirming that the record has been expunged.
12.5(c) Data on the petitioner in a letter sent under this subdivision are private data
12.6on individuals as defined in section 13.02.
12.7EFFECTIVE DATE.This section is effective January 1, 2015.
12.8 Sec. 14. AGENCY COMPLIANCE.
12.9A criminal justice agency must comply with the requirements of section 12 by
12.10January 1, 2016.
12.11 Sec. 15. APPROPRIATION.
12.12 Subdivision 1. Public safety. $600,000 in fiscal year 2015 is appropriated from
12.13the general fund to the commissioner of public safety for the Bureau of Criminal
12.14Apprehension to implement this act.
12.15 Subd. 2. Human services. $82,000 in fiscal year 2015 is appropriated from the
12.16general fund to the commissioner of human services to implement this act.
