HF 891

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

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. new text begin (a) new text end 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 new text begin a criminal offense new text end 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 new text begin the case was ultimately dismissed without the new text end petitioner new text begin being new text end 1.13 new text begin convicted of the offense new text end . 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 new text begin (b) A person is not considered to have been convicted or adjudicated under this new text end 1.16 new text begin subdivision if the person has successfully completed the terms of a diversion program, new text end 1.17 new text begin stay of adjudication, continuance for dismissal, or similar proceeding. new text end 1.18 new text begin (c) A person found not guilty of a criminal offense by reason of mental illness is not new text end 1.19 new text begin eligible to file for an expungement under this subdivision. new text end 1.20    Sec. 2. new text begin [609A.025] PROSECUTOR REQUEST FOR EXPUNGEMENT WHEN new text end 1.21 new text begin CHARGES ARE DISMISSED; NO PETITION REQUIRED. new text end 1.22 new text begin The prosecutor of a case described in section 609A.02, subdivision 3, may ask the new text end 1.23 new text begin court to seal, upon dismissal, all records relating to the offense or alleged offense. If there new text end 2.1 new text begin is an identifiable victim in the case, the victim must be given the opportunity to object new text end 2.2 new text begin to the expungement. The court shall grant the request unless the interests of the public new text end 2.3 new text begin and public safety in keeping the record public outweigh the disadvantages to the movant new text end 2.4 new text begin of not sealing the record. Absence or denial of expungement under this section does not new text end 2.5 new text begin prejudice the person if the person later petitions for an expungement under this chapter. new text end 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. 2.19 new text begin If the petitioner has received a stay of adjudication, it shall be presumed that the interests new text end 2.20 new text begin of the public and public safety outweigh the disadvantages to the petitioner of not sealing new text end 2.21 new text begin the record, until the petitioner has successfully completed the conditions of the stay of new text end 2.22 new text begin adjudication and has not been charged with any new crime for a period of at least one year new text end 2.23 new text begin after completion of the period of the stay. new text end 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.