Bill Text: MN SF823 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Criminal records expungement law provisions expansion and modifications
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Judiciary and Public Safety [SF823 Detail]
Download: Minnesota-2011-SF823-Introduced.html
1.2relating to public safety; authorizing the expungement of criminal records
1.3for certain individuals who have received stays of adjudication or diversion;
1.4authorizing expungements without petitions in certain cases where charges
1.5were dismissed against a person upon prosecutorial approval and with victim
1.6notification; requiring persons petitioning for an expungement to provide a copy
1.7of the criminal complaint or police report; authorizing the opening of certain
1.8expunged records without a court hearing;amending Minnesota Statutes 2010,
1.9sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; proposing coding
1.10for new law in Minnesota Statutes, chapter 609A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 609A.02, subdivision 3, is amended to
1.13read:
1.14 Subd. 3. Certain criminal proceedings not resulting in conviction. A petition
1.15may be filed under section609A.03 to seal all records relating to an arrest, indictment or
1.16information, trial, or verdict if the records are not subject to section299C.11, subdivision
1.171 , paragraph (b), and if:
1.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
1.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
1.20a resolution in favor of the petitioner; or
1.21(2) the petitioner has successfully completed the terms of a diversion program or
1.22stay of adjudication that was agreed to by the prosecutor and has not been charged with
1.23a new crime for at least one year since completion of the diversion program or stay of
1.24adjudication. This clause does not apply to felony-level crimes of violence as defined in
1.25section 624.712, subdivision 5, that are codified in chapter 609.
2.1 Sec. 2. [609A.025] EXPUNGEMENT FOR CASES INVOLVING DIVERSION
2.2AND STAYS OF ADJUDICATION; NO PETITION REQUIRED WITH
2.3PROSECUTOR AGREEMENT AND VICTIM NOTIFICATION.
2.4(a) Upon agreement of the prosecutor, the court shall seal the criminal record for
2.5a person described in section 609A.02, subdivision 3, clause (2), without the filing of a
2.6petition unless it determines that the interests of the public and public safety in keeping
2.7the record public outweigh the disadvantages to the subject of the record in not sealing it.
2.8(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
2.9make a good-faith effort to inform any identifiable victims of the offense of the intended
2.10prosecutorial agreement and the opportunity to object to the agreement.
2.11(c) Subject to paragraph (b), the prosecutor may agree to the sealing of records under
2.12this section before or after the criminal charges are dismissed.
2.13 Sec. 3. Minnesota Statutes 2010, section 609A.03, subdivision 2, is amended to read:
2.14 Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
2.15oath by the petitioner and shall state the following:
2.16(1) the petitioner's full name and all other legal names or aliases by which the
2.17petitioner has been known at any time;
2.18(2) the petitioner's date of birth;
2.19(3) all of the petitioner's addresses from the date of the offense or alleged offense in
2.20connection with which an expungement order is sought, to the date of the petition;
2.21(4) why expungement is sought, if it is for employment or licensure purposes, the
2.22statutory or other legal authority under which it is sought, and why it should be granted;
2.23(5) the details of the offense or arrest for which expungement is sought, including
2.24the date and jurisdiction of the occurrence, either the names of any victims or that there
2.25were no identifiable victims, whether there is a current order for protection, restraining
2.26order, or other no contact order prohibiting the petitioner from contacting the victims or
2.27whether there has ever been a prior order for protection or restraining order prohibiting the
2.28petitioner from contacting the victims, the court file number, and the date of conviction
2.29or of dismissal;
2.30(6) in the case of a conviction, what steps the petitioner has taken since the time of
2.31the offense toward personal rehabilitation, including treatment, work, or other personal
2.32history that demonstrates rehabilitation;
2.33(7) petitioner's criminal conviction record indicating all convictions for
2.34misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
3.1convictions in any other state, federal court, or foreign country, whether the convictions
3.2occurred before or after the arrest or conviction for which expungement is sought;
3.3(8) petitioner's criminal charges record indicating all prior and pending criminal
3.4charges against the petitioner in this state or another jurisdiction, including all criminal
3.5charges that have been continued for dismissal or stayed for adjudication, or have been the
3.6subject of pretrial diversion; and
3.7(9) all prior requests by the petitioner, whether for the present offense or for any
3.8other offenses, in this state or any other state or federal court, for pardon, return of arrest
3.9records, or expungement or sealing of a criminal record, whether granted or not, and all
3.10stays of adjudication or imposition of sentence involving the petitioner.
3.11(b) If there is a current order for protection, restraining order, or other no contact
3.12order prohibiting the petitioner from contacting the victims or there has ever been a prior
3.13order for protection or restraining order prohibiting the petitioner from contacting the
3.14victims, the petitioner shall attach a copy of the order to the petition.
3.15(c) Where practicable, the petitioner shall attach to the petition a copy of the
3.16complaint or the police report for the offense or offenses for which expungement is sought.
3.17 Sec. 4. Minnesota Statutes 2010, section 609A.03, subdivision 7, is amended to read:
3.18 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
3.19to a charge supported by probable cause, the DNA samples and DNA records held by
3.20the Bureau of Criminal Apprehension and collected under authority other than section
3.21299C.105
, shall not be sealed, returned to the subject of the record, or destroyed.
3.22(b) Notwithstanding the issuance of an expungement order:
3.23(1) an expunged record may be opened for purposes of a criminal investigation,
3.24prosecution, or sentencing, upon an ex parte court order;
3.25(2) an expunged record may be opened upon request by a prosecutor, or a probation
3.26officer for sentencing purposes, without a court order;
3.27(2) (3) an expunged record of a conviction or delinquency proceeding may be
3.28opened for purposes of evaluating a prospective employee in a criminal justice agency
3.29without a court order; and
3.30(3) (4) an expunged record of a conviction or delinquency proceeding may be
3.31opened for purposes of a background study under section245C.08 unless the court order
3.32for expungement is directed specifically to the commissioner of human services.
3.33Upon request by law enforcement, prosecution, or corrections authorities, an agency
3.34or jurisdiction subject to an expungement order shall inform the requester of the existence
3.35of a sealed record and of the right to obtain access to it as provided by this paragraph. For
4.1purposes of this section, a "criminal justice agency" means courts or a government agency
4.2that performs the administration of criminal justice under statutory authority.
4.3 Sec. 5. COSTS ASSOCIATED WITH ACT.
4.4The Department of Public Safety shall absorb any costs incurred as a result of this
4.5act within its existing budget.
1.3for certain individuals who have received stays of adjudication or diversion;
1.4authorizing expungements without petitions in certain cases where charges
1.5were dismissed against a person upon prosecutorial approval and with victim
1.6notification; requiring persons petitioning for an expungement to provide a copy
1.7of the criminal complaint or police report; authorizing the opening of certain
1.8expunged records without a court hearing;amending Minnesota Statutes 2010,
1.9sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; proposing coding
1.10for new law in Minnesota Statutes, chapter 609A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 609A.02, subdivision 3, is amended to
1.13read:
1.14 Subd. 3. Certain criminal proceedings not resulting in conviction. A petition
1.15may be filed under section
1.16information, trial, or verdict if the records are not subject to section
1.171
1.18(1) all pending actions or proceedings were resolved in favor of the petitioner.
1.19For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
1.20a resolution in favor of the petitioner; or
1.21(2) the petitioner has successfully completed the terms of a diversion program or
1.22stay of adjudication that was agreed to by the prosecutor and has not been charged with
1.23a new crime for at least one year since completion of the diversion program or stay of
1.24adjudication. This clause does not apply to felony-level crimes of violence as defined in
1.25section 624.712, subdivision 5, that are codified in chapter 609.
2.1 Sec. 2. [609A.025] EXPUNGEMENT FOR CASES INVOLVING DIVERSION
2.2AND STAYS OF ADJUDICATION; NO PETITION REQUIRED WITH
2.3PROSECUTOR AGREEMENT AND VICTIM NOTIFICATION.
2.4(a) Upon agreement of the prosecutor, the court shall seal the criminal record for
2.5a person described in section 609A.02, subdivision 3, clause (2), without the filing of a
2.6petition unless it determines that the interests of the public and public safety in keeping
2.7the record public outweigh the disadvantages to the subject of the record in not sealing it.
2.8(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
2.9make a good-faith effort to inform any identifiable victims of the offense of the intended
2.10prosecutorial agreement and the opportunity to object to the agreement.
2.11(c) Subject to paragraph (b), the prosecutor may agree to the sealing of records under
2.12this section before or after the criminal charges are dismissed.
2.13 Sec. 3. Minnesota Statutes 2010, section 609A.03, subdivision 2, is amended to read:
2.14 Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
2.15oath by the petitioner and shall state the following:
2.16(1) the petitioner's full name and all other legal names or aliases by which the
2.17petitioner has been known at any time;
2.18(2) the petitioner's date of birth;
2.19(3) all of the petitioner's addresses from the date of the offense or alleged offense in
2.20connection with which an expungement order is sought, to the date of the petition;
2.21(4) why expungement is sought, if it is for employment or licensure purposes, the
2.22statutory or other legal authority under which it is sought, and why it should be granted;
2.23(5) the details of the offense or arrest for which expungement is sought, including
2.24the date and jurisdiction of the occurrence, either the names of any victims or that there
2.25were no identifiable victims, whether there is a current order for protection, restraining
2.26order, or other no contact order prohibiting the petitioner from contacting the victims or
2.27whether there has ever been a prior order for protection or restraining order prohibiting the
2.28petitioner from contacting the victims, the court file number, and the date of conviction
2.29or of dismissal;
2.30(6) in the case of a conviction, what steps the petitioner has taken since the time of
2.31the offense toward personal rehabilitation, including treatment, work, or other personal
2.32history that demonstrates rehabilitation;
2.33(7) petitioner's criminal conviction record indicating all convictions for
2.34misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
3.1convictions in any other state, federal court, or foreign country, whether the convictions
3.2occurred before or after the arrest or conviction for which expungement is sought;
3.3(8) petitioner's criminal charges record indicating all prior and pending criminal
3.4charges against the petitioner in this state or another jurisdiction, including all criminal
3.5charges that have been continued for dismissal or stayed for adjudication, or have been the
3.6subject of pretrial diversion; and
3.7(9) all prior requests by the petitioner, whether for the present offense or for any
3.8other offenses, in this state or any other state or federal court, for pardon, return of arrest
3.9records, or expungement or sealing of a criminal record, whether granted or not, and all
3.10stays of adjudication or imposition of sentence involving the petitioner.
3.11(b) If there is a current order for protection, restraining order, or other no contact
3.12order prohibiting the petitioner from contacting the victims or there has ever been a prior
3.13order for protection or restraining order prohibiting the petitioner from contacting the
3.14victims, the petitioner shall attach a copy of the order to the petition.
3.15(c) Where practicable, the petitioner shall attach to the petition a copy of the
3.16complaint or the police report for the offense or offenses for which expungement is sought.
3.17 Sec. 4. Minnesota Statutes 2010, section 609A.03, subdivision 7, is amended to read:
3.18 Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related
3.19to a charge supported by probable cause, the DNA samples and DNA records held by
3.20the Bureau of Criminal Apprehension and collected under authority other than section
3.22(b) Notwithstanding the issuance of an expungement order:
3.23(1) an expunged record may be opened for purposes of a criminal investigation,
3.24
3.25(2) an expunged record may be opened upon request by a prosecutor, or a probation
3.26officer for sentencing purposes, without a court order;
3.27
3.28opened for purposes of evaluating a prospective employee in a criminal justice agency
3.29without a court order; and
3.30
3.31opened for purposes of a background study under section
3.32for expungement is directed specifically to the commissioner of human services.
3.33Upon request by law enforcement, prosecution, or corrections authorities, an agency
3.34or jurisdiction subject to an expungement order shall inform the requester of the existence
3.35of a sealed record and of the right to obtain access to it as provided by this paragraph. For
4.1purposes of this section, a "criminal justice agency" means courts or a government agency
4.2that performs the administration of criminal justice under statutory authority.
4.3 Sec. 5. COSTS ASSOCIATED WITH ACT.
4.4The Department of Public Safety shall absorb any costs incurred as a result of this
4.5act within its existing budget.
