HF 1403

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime; criminal records expungement; 
  1.3             modifying the standard for sealing certain records; 
  1.4             amending Minnesota Statutes 2000, section 609A.03, 
  1.5             subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609A.03, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
  1.10  RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 
  1.11  expungement of a criminal record is an extraordinary remedy to 
  1.12  be granted only upon clear and convincing evidence that it would 
  1.13  yield a benefit to the petitioner commensurate with the 
  1.14  disadvantages to the public and public safety of: 
  1.15     (1) sealing the record; and 
  1.16     (2) burdening the court and public authorities to issue, 
  1.17  enforce, and monitor an expungement order. 
  1.18     (b) Except as otherwise provided by this paragraph, if the 
  1.19  petitioner is petitioning for the sealing of a criminal record 
  1.20  under section 609A.02, subdivision 3, the court shall grant the 
  1.21  petition to seal the record unless the agency or jurisdiction 
  1.22  whose records would be affected establishes by clear and 
  1.23  convincing evidence that the interests of the public and public 
  1.24  safety outweigh the disadvantages to the petitioner of not 
  1.25  sealing the record.  If a petitioner was found not guilty by 
  2.1   reason of mental illness, the court shall grant the petition to 
  2.2   seal the record unless the agency or jurisdiction whose records 
  2.3   would be affected establishes by a preponderance of the evidence 
  2.4   that the interests of the public and public safety outweigh the 
  2.5   disadvantages to the petitioner of not sealing the record.  
  2.6      (c) If the court issues an expungement order it may require 
  2.7   that the criminal record be sealed, the existence of the record 
  2.8   not be revealed, and the record not be opened except as required 
  2.9   under subdivision 7.  Records must not be destroyed or returned 
  2.10  to the subject of the record. 
  2.11     Sec. 2.  [EFFECTIVE DATE.] 
  2.12     Section 1 is effective retroactive to August 1, 2000, and 
  2.13  applies to crimes committed and expungement petitions filed on 
  2.14  or after that date.