HF 1600

as introduced - 87th Legislature (2011 - 2012) Posted on 04/28/2011 09:55am

A bill for an act
relating to civil justice; establishing a presumption of rehabilitation for persons
with expunged offenses; amending Minnesota Statutes 2010, sections 364.03,
subdivision 3; 364.10; proposing coding for new law in Minnesota Statutes,
chapter 364.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 364.03, subdivision 3, is amended to read:

Subd. 3.

Evidence of rehabilitation.

(a) A person who has been convicted of a
crime or crimes which directly relate to the public employment sought or to the occupation
for which a license is sought shall not be disqualified from the employment or occupation
if the person can show competent evidence of sufficient rehabilitation and present fitness
to perform the duties of the public employment sought or the occupation for which the
license is sought. new text begin A copy of a judicial expungement order, whether granted pursuant
to chapter 609A or inherent judicial authority, is conclusive evidence of rehabilitation.
new text end Sufficient evidence of rehabilitation may be established by the production of:

(1) a copy of the local, state, or federal release order; and

(2) evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; or

(3) a copy of the relevant Department of Corrections discharge order or other
documents showing completion of probation or parole supervision.

(b) In addition to the documentary evidence presented, the licensing or hiring
authority shall consider any evidence presented by the applicant regarding:

(1) the nature and seriousness of the crime or crimes for which convicted;

(2) all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the crime or crimes;

(3) the age of the person at the time the crime or crimes were committed;

(4) the length of time elapsed since the crime or crimes were committed; and

(5) all other competent evidence of rehabilitation and present fitness presented,
including, but not limited to, letters of reference by persons who have been in contact with
the applicant since the applicant's release from any local, state, or federal correctional
institution.

Sec. 2.

Minnesota Statutes 2010, section 364.10, is amended to read:

364.10 VIOLATION OF CIVIL RIGHTS.

Violation of the rights established in deleted text begin sections 364.01 to 364.10 deleted text end new text begin this chapter new text end shall
constitute a violation of a person's civil rights.

Sec. 3.

new text begin [364.20] PRIVATE EMPLOYERS; EXPUNGED CONVICTIONS.
new text end

new text begin A private employer may not dismiss an employee or refuse to hire an applicant
based solely upon a criminal offense that has been expunged pursuant to chapter 609A or
inherent judicial authority. Prior to dismissing an employee or refusing to hire an applicant
solely because of a past conviction, the employer must inform the person of the reason
for the action and allow the person not less than 72 hours to provide the employer with a
copy of an expungement order for the disqualifying offense.
new text end