HF 891

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:28pm

1.1A bill for an act

1.2relating to public safety; modifying expungement law;amending Minnesota
1.3Statutes 2008, sections 609A.02, subdivision 3; 609A.03, subdivision 5;
1.4proposing coding for new law in Minnesota Statutes, chapter 609A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2008, section 609A.02, subdivision 3, is amended to
1.7read:
1.8    Subd. 3. Certain criminal proceedings not resulting in conviction. (a) A petition
1.9may be filed under section 609A.03 to seal all records relating to an arrest, indictment or
1.10information, trial, or verdict a criminal offense if the records are not subject to section
1.11299C.11, subdivision 1 , paragraph (b), and if all pending actions or proceedings were
1.12resolved in favor of the the case was ultimately dismissed without the petitioner being
1.13convicted of the offense. For purposes of this chapter, a verdict of not guilty by reason of
1.14mental illness is not a resolution in favor of the petitioner.
1.15(b) A person is not considered to have been convicted or adjudicated under this
1.16subdivision if the person has successfully completed the terms of a diversion program,
1.17stay of adjudication, continuance for dismissal, or similar proceeding.
1.18(c) A person found not guilty of a criminal offense by reason of mental illness is not
1.19eligible to file for an expungement under this subdivision.

1.20    Sec. 2. [609A.025] PROSECUTOR REQUEST FOR EXPUNGEMENT WHEN
1.21CHARGES ARE DISMISSED; NO PETITION REQUIRED.
1.22The prosecutor of a case described in section 609A.02, subdivision 3, may ask the
1.23court to seal, upon dismissal, all records relating to the offense or alleged offense. If there
2.1is an identifiable victim in the case, the victim must be given the opportunity to object
2.2to the expungement. The court shall grant the request unless the interests of the public
2.3and public safety in keeping the record public outweigh the disadvantages to the movant
2.4of not sealing the record. Absence or denial of expungement under this section does not
2.5prejudice the person if the person later petitions for an expungement under this chapter.

2.6    Sec. 3. Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:
2.7    Subd. 5. Nature of remedy; standard; firearms restriction. (a) Except as
2.8otherwise provided by paragraph (b), expungement of a criminal record is an extraordinary
2.9remedy to be granted only upon clear and convincing evidence that it would yield a benefit
2.10to the petitioner commensurate with the disadvantages to the public and public safety of:
2.11(1) sealing the record; and
2.12(2) burdening the court and public authorities to issue, enforce, and monitor an
2.13expungement order.
2.14(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning
2.15for the sealing of a criminal record under section 609A.02, subdivision 3, the court shall
2.16grant the petition to seal the record unless the agency or jurisdiction whose records would
2.17be affected establishes by clear and convincing evidence that the interests of the public
2.18and public safety outweigh the disadvantages to the petitioner of not sealing the record.
2.19If the petitioner has received a stay of adjudication, it shall be presumed that the interests
2.20of the public and public safety outweigh the disadvantages to the petitioner of not sealing
2.21the record, until the petitioner has successfully completed the conditions of the stay of
2.22adjudication and has not been charged with any new crime for a period of at least one year
2.23after completion of the period of the stay.
2.24(c) If the court issues an expungement order it may require that the criminal record
2.25be sealed, the existence of the record not be revealed, and the record not be opened except
2.26as required under subdivision 7. Records must not be destroyed or returned to the subject
2.27of the record.