HF 2576

CCR--HF2576 - 88th Legislature (2013 - 2014)

Posted on 05/07/2014 12:37 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2576 1.2A bill for an act 1.3relating to criminal justice; modifying provisions governing expungement of 1.4criminal records; requiring business screening services to delete expunged 1.5records; allowing expungement of eviction records in certain cases; appropriating 1.6money;amending Minnesota Statutes 2012, sections 245C.22, subdivision 1.77; 245C.23, subdivision 1; 260B.198, subdivision 6; 332.70, by adding a 1.8subdivision; 504B.345, subdivision 1; 609A.02, subdivision 3; 609A.03, 1.9subdivisions 1, 5, 7, 8, by adding subdivisions; proposing coding for new law 1.10in Minnesota Statutes, chapter 609A. 1.11May 6, 2014 1.12The Honorable Paul Thissen 1.13Speaker of the House of Representatives 1.14The Honorable Sandra L. Pappas 1.15President of the Senate 1.16We, the undersigned conferees for H. F. No. 2576 report that we have agreed upon 1.17the items in dispute and recommend as follows: 1.18That the Senate recede from its amendments and that H. F. No. 2576 be further 1.19amended as follows: 1.20Delete everything after the enacting clause and insert: 1.21    "Section 1. Minnesota Statutes 2012, section 245C.22, subdivision 7, is amended to 1.22read: 1.23    Subd. 7. Classification of certain data. (a) Notwithstanding section 13.46, new text begin except new text end 1.24 new text begin as provided in paragraph (f), new text end upon setting aside a disqualification under this section, the 1.25identity of the disqualified individual who received the set-aside and the individual's 1.26disqualifying characteristics are public data if the set-aside was: 1.27(1) for any disqualifying characteristic under section 245C.15, when the set-aside 1.28relates to a child care center or a family child care provider licensed under chapter 245A; or 1.29(2) for a disqualifying characteristic under section 245C.15, subdivision 2. 1.30(b) Notwithstanding section 13.46, upon granting a variance to a license holder 1.31under section 245C.30, the identity of the disqualified individual who is the subject of 2.1the variance, the individual's disqualifying characteristics under section 245C.15, and the 2.2terms of the variance are public data, when the variance: 2.3(1) is issued to a child care center or a family child care provider licensed under 2.4chapter 245A; or 2.5(2) relates to an individual with a disqualifying characteristic under section 245C.15, 2.6subdivision 2 . 2.7(c) The identity of a disqualified individual and the reason for disqualification 2.8remain private data when: 2.9(1) a disqualification is not set aside and no variance is granted, except as provided 2.10under section 13.46, subdivision 4; 2.11(2) the data are not public under paragraph (a) or (b); 2.12(3) the disqualification is rescinded because the information relied upon to disqualify 2.13the individual is incorrect; 2.14(4) the disqualification relates to a license to provide relative child foster care. 2.15As used in this clause, "relative" has the meaning given it under section 260C.007, 2.16subdivision 27 ; or 2.17(5) the disqualified individual is a household member of a licensed foster care 2.18provider and: 2.19(i) the disqualified individual previously received foster care services from this 2.20licensed foster care provider; 2.21(ii) the disqualified individual was subsequently adopted by this licensed foster 2.22care provider; and 2.23(iii) the disqualifying act occurred before the adoption. 2.24(d) Licensed family child care providers and child care centers must provide notices 2.25as required under section 245C.301. 2.26(e) Notwithstanding paragraphs (a) and (b), the identity of household members who 2.27are the subject of a disqualification related set-aside or variance is not public data if: 2.28(1) the household member resides in the residence where the family child care is 2.29provided; 2.30(2) the subject of the set-aside or variance is under the age of 18 years; and 2.31(3) the set-aside or variance only relates to a disqualification under section 245C.15, 2.32subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52. 2.33 new text begin (f) When the commissioner has reason to know that a disqualified individual has new text end 2.34 new text begin received an order for expungement for the disqualifying record that does not limit the new text end 2.35 new text begin commissioner's access to the record, and the record was opened or exchanged with the new text end 3.1 new text begin commissioner for purposes of a background study under this chapter, the data that would new text end 3.2 new text begin otherwise become public under paragraph (a) or (b) remain private data. new text end 3.3    Sec. 2. Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read: 3.4    Subdivision 1. Disqualification that is rescinded or set aside. new text begin (a) new text end If the 3.5commissioner rescinds or sets aside a disqualification, the commissioner shall notify the 3.6applicant, license holder, or other entity in writing or by electronic transmission of the 3.7decision. 3.8 new text begin (b) new text end In the notice from the commissioner that a disqualification has been rescinded, 3.9the commissioner must inform the applicant, license holder, or other entity that the 3.10information relied upon to disqualify the individual was incorrect. 3.11 new text begin (c) Except as provided in paragraph (d), new text end in the notice from the commissioner 3.12that a disqualification has been set aside, the commissioner must inform the applicant, 3.13license holder, or other entity of the reason for the individual's disqualification and that 3.14information about which factors under section 245C.22, subdivision 4, were the basis 3.15of the decision to set aside the disqualification are available to the license holder upon 3.16request without the consent of the background study subject. 3.17 new text begin (d) When the commissioner has reason to know that a disqualified individual has new text end 3.18 new text begin received an order for expungement for the disqualifying record that does not limit the new text end 3.19 new text begin commissioner's access to the record, and the record was opened or exchanged with the new text end 3.20 new text begin commissioner for purposes of a background study under this chapter, the information new text end 3.21 new text begin provided under paragraph (c) must only inform the applicant, license holder, or other new text end 3.22 new text begin entity that the disqualifying criminal record is sealed under a court order. new text end 3.23    Sec. 3. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read: 3.24    Subd. 6. Expungement. Except when legal custody is transferred under the 3.25provisions of subdivision 1, clause (4), new text begin (a) new text end The court may expunge the adjudication 3.26of new text begin all records relating to new text end delinquency at any time that it deems advisable new text begin if the court new text end 3.27 new text begin determines that expungement of the record would yield a benefit to the subject of the new text end 3.28 new text begin record that outweighs the detriment to the public and public safety in sealing the record new text end 3.29 new text begin and the burden on the court and public agencies or jurisdictions in issuing, enforcing, new text end 3.30 new text begin and monitoring the order new text end . 3.31 new text begin (b) In making a determination under this subdivision, the court shall consider: new text end 3.32 new text begin (1) the age, education, experience, and background, including mental and emotional new text end 3.33 new text begin development, of the subject of the record at the time of commission of the offense; new text end 4.1 new text begin (2) the circumstances and nature and severity of the offense, including any new text end 4.2 new text begin aggravating or mitigating factors in the commission of the offense; new text end 4.3 new text begin (3) victim and community impact, including age and vulnerability of the victim; new text end 4.4 new text begin (4) the level of participation of the subject of the record in the planning and carrying new text end 4.5 new text begin out of the offense, including familial or peer influence in the commission of the offense; new text end 4.6 new text begin (5) the juvenile delinquency and criminal history of the subject of the record; new text end 4.7 new text begin (6) the programming history of the subject of the record, including child welfare, new text end 4.8 new text begin school and community-based, and probation interventions, and the subject's willingness to new text end 4.9 new text begin participate meaningfully in programming, probation, or both; new text end 4.10 new text begin (7) any other aggravating or mitigating circumstance bearing on the culpability or new text end 4.11 new text begin potential for rehabilitation of the subject of the record; and new text end 4.12 new text begin (8) the benefit that expungement would yield to the subject of the record in pursuing new text end 4.13 new text begin education, employment, housing, or other necessities. new text end 4.14 new text begin (c) A record expunged under this subdivision prior to the effective date of this act new text end 4.15 new text begin may not be opened or exchanged. A record expunged under this subdivision on or after new text end 4.16 new text begin the effective date of this act is sealed and access only allowed pursuant to paragraph (d). new text end 4.17 new text begin (d) Notwithstanding paragraph (a), a record that is expunged under this subdivision new text end 4.18 new text begin on or after the effective date of this act may be opened, used, or exchanged between new text end 4.19 new text begin criminal justice agencies in the same manner as a criminal record under section 609A.03, new text end 4.20 new text begin subdivision 7a, paragraph (b). new text end 4.21 new text begin (e) Section 609A.03, subdivision 3, paragraph (d), applies to the disclosure of private new text end 4.22 new text begin or confidential data in a proceeding under this subdivision. Section 609A.03, subdivision new text end 4.23 new text begin 9, applies to an appeal of an order under this subdivision. new text end 4.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 4.25    Sec. 4. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision 4.26to read: 4.27     new text begin Subd. 3a. new text end new text begin Deletion of expunged records. new text end new text begin If a business screening service knows that new text end 4.28 new text begin a criminal record has been sealed, expunged, or is the subject of a pardon, the screening new text end 4.29 new text begin service shall promptly delete the record. new text end 4.30    Sec. 5. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read: 4.31    Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall 4.32immediately enter judgment that the plaintiff shall have recovery of the premises, and shall 4.33tax the costs against the defendant. The court shall issue execution in favor of the plaintiff 4.34for the costs and also immediately issue a writ of recovery of premises and order to vacate. 5.1(b) The court shall give priority in issuing a writ of recovery of premises and order 5.2to vacate for an eviction action brought under section 504B.171 or on the basis that the 5.3tenant is causing a nuisance or seriously endangers the safety of other residents, their 5.4property, or the landlord's property. 5.5(c) If the court or jury finds for the defendant, new text begin : new text end 5.6 new text begin (1) new text end the court shall enter judgment for the defendant, tax the costs against the plaintiff, 5.7and issue execution in favor of the defendant new text begin ; and new text end 5.8 new text begin (2) the court may expunge the records relating to the action under the provisions of new text end 5.9 new text begin section 484.014 or under the court's inherent authority at the time judgment is entered or new text end 5.10 new text begin after that time upon motion of the defendant new text end . 5.11(d) Except in actions brought: (1) under section 504B.291 as required by section 5.12609.5317, subdivision 1 ; (2) under section 504B.171; or (3) on the basis that the tenant is 5.13causing a nuisance or seriously endangers the safety of other residents, their property, or 5.14the landlord's property, upon a showing by the defendant that immediate restitution of the 5.15premises would work a substantial hardship upon the defendant or the defendant's family, 5.16the court shall stay the writ of recovery of premises and order to vacate for a reasonable 5.17period, not to exceed seven days. 5.18    Sec. 6. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read: 5.19    Subd. 3. Certain criminal proceedings not resulting in conviction. new text begin (a) new text end A petition 5.20may be filed under section 609A.03 to seal all records relating to an arrest, indictment or 5.21information, trial, or verdict if the records are not subject to section 299C.11, subdivision 5.221 , paragraph (b), and if new text begin : new text end 5.23 new text begin (1) new text end all pending actions or proceedings were resolved in favor of the petitioner. 5.24For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a 5.25resolution in favor of the petitioner. new text begin ; new text end 5.26 new text begin (2) the petitioner has successfully completed the terms of a diversion program or new text end 5.27 new text begin stay of adjudication and has not been charged with a new crime for at least one year since new text end 5.28 new text begin completion of the diversion program or stay of adjudication; new text end 5.29 new text begin (3) the petitioner was convicted of or received a stayed sentence for a petty new text end 5.30 new text begin misdemeanor or misdemeanor and has not been convicted of a new crime for at least two new text end 5.31 new text begin years since discharge of the sentence for the crime; new text end 5.32 new text begin (4) the petitioner was convicted of or received a stayed sentence for a gross new text end 5.33 new text begin misdemeanor and has not been convicted of a new crime for at least four years since new text end 5.34 new text begin discharge of the sentence for the crime; or new text end 6.1 new text begin (5) the petitioner was convicted of or received a stayed sentence for a felony new text end 6.2 new text begin violation of an offense listed in paragraph (b), and has not been convicted of a new crime new text end 6.3 new text begin for at least five years since discharge of the sentence for the crime. new text end 6.4 new text begin (b) Paragraph (a), clause (5), applies to the following offenses: new text end 6.5 new text begin (1) section 35.824 (altering livestock certificate); new text end 6.6 new text begin (2) section 62A.41 (insurance regulations); new text end 6.7 new text begin (3) section 86B.865, subdivision 1 (certification for title on watercraft); new text end 6.8 new text begin (4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of new text end 6.9 new text begin simulated controlled substance); new text end 6.10 new text begin (5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, new text end 6.11 new text begin subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm); new text end 6.12 new text begin (6) chapter 201; 203B; or 204C (voting violations); new text end 6.13 new text begin (7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading); new text end 6.14 new text begin (8) section 256.984 (false declaration in assistance application); new text end 6.15 new text begin (9) section 296A.23, subdivision 2 (willful evasion of fuel tax); new text end 6.16 new text begin (10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances); new text end 6.17 new text begin (11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor); new text end 6.18 new text begin (12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize new text end 6.19 new text begin notices and solicitations); new text end 6.20 new text begin (13) section 346.155, subdivision 10 (failure to control regulated animal); new text end 6.21 new text begin (14) section 349.2127; or 349.22 (gambling regulations); new text end 6.22 new text begin (15) section 588.20 (contempt); new text end 6.23 new text begin (16) section 609.27, subdivision 1, clauses (2) to (5) (coercion); new text end 6.24 new text begin (17) section 609.31 (leaving state to evade establishment of paternity); new text end 6.25 new text begin (18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from new text end 6.26 new text begin civil commitment for mental illness); new text end 6.27 new text begin (19) section 609.49 (failure to appear in court); new text end 6.28 new text begin (20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other new text end 6.29 new text begin theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1) new text end 6.30 new text begin (theft of $1,000 or less with risk of bodily harm); new text end 6.31 new text begin (21) section 609.525 (bringing stolen goods into state); new text end 6.32 new text begin (22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods); new text end 6.33 new text begin (23) section 609.527, subdivision 5b (possession or use of scanning device or new text end 6.34 new text begin reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit new text end 6.35 new text begin check); or 609.529 (mail theft); new text end 6.36 new text begin (24) section 609.53 (receiving stolen goods); new text end 7.1 new text begin (25) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check new text end 7.2 new text begin over $500); new text end 7.3 new text begin (26) section 609.54, clause (1) (embezzlement of public funds $2,500 or less); new text end 7.4 new text begin (27) section 609.551 (rustling and livestock theft); new text end 7.5 new text begin (28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson); new text end 7.6 new text begin (29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires); new text end 7.7 new text begin (30) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph new text end 7.8 new text begin (a) (criminal damage to property); new text end 7.9 new text begin (31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse); new text end 7.10 new text begin (32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision new text end 7.11 new text begin 4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false new text end 7.12 new text begin pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements); new text end 7.13 new text begin (33) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision new text end 7.14 new text begin 4, paragraph (a) (lottery fraud); new text end 7.15 new text begin (34) section 609.652 (fraudulent driver's license and identification card); new text end 7.16 new text begin (35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); new text end 7.17 new text begin or 609.66, subdivision 1b (furnishing firearm to minor); new text end 7.18 new text begin (36) section 609.662, subdivision 2, paragraph (b) (duty to render aid); new text end 7.19 new text begin (37) section 609.686, subdivision 2 (tampering with fire alarm); new text end 7.20 new text begin (38) section 609.746, subdivision 1, paragraph (e) (interference with privacy; new text end 7.21 new text begin subsequent violation or minor victim); new text end 7.22 new text begin (39) section 609.80, subdivision 2 (interference with cable communications system); new text end 7.23 new text begin (40) section 609.821, subdivision 2 (financial transaction card fraud); new text end 7.24 new text begin (41) section 609.822 (residential mortgage fraud); new text end 7.25 new text begin (42) section 609.825, subdivision 2 (bribery of participant or official in contest); new text end 7.26 new text begin (43) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with new text end 7.27 new text begin transit operator); new text end 7.28 new text begin (44) section 609.88 (computer damage); or 609.89 (computer theft); new text end 7.29 new text begin (45) section 609.893, subdivision 2 (telecommunications and information services new text end 7.30 new text begin fraud); new text end 7.31 new text begin (46) section 609.894, subdivision 3 or 4 (cellular counterfeiting); new text end 7.32 new text begin (47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual new text end 7.33 new text begin property); new text end 7.34 new text begin (48) section 609.896 (movie pirating); new text end 8.1 new text begin (49) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); new text end 8.2 new text begin 624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141, new text end 8.3 new text begin subdivision 2 (transfer of pistol to ineligible person); or new text end 8.4 new text begin (50) section 624.7181 (rifle or shotgun in public by minor). new text end 8.5 new text begin (c) Paragraph (a), clause (3) or (4), does not apply if the crime involved domestic new text end 8.6 new text begin abuse or sexual assault, as defined in section 518B.01, subdivision 2, or to violation of new text end 8.7 new text begin an order for protection under section 518B.01, subdivision 14, a harassment restraining new text end 8.8 new text begin order under section 609.748, subdivision 6, a violation of section 609.749, or a violation new text end 8.9 new text begin of section 629.75. This paragraph expires on July 15, 2015. new text end 8.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 8.11    Sec. 7. new text begin [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH new text end 8.12 new text begin PROSECUTOR AGREEMENT AND NOTIFICATION. new text end 8.13 new text begin (a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the new text end 8.14 new text begin criminal record for a person described in section 609A.02, subdivision 3, without the filing new text end 8.15 new text begin of a petition unless it determines that the interests of the public and public safety in keeping new text end 8.16 new text begin the record public outweigh the disadvantages to the subject of the record in not sealing it. new text end 8.17 new text begin (b) Before agreeing to the sealing of a record under this section, the prosecutor shall new text end 8.18 new text begin make a good faith effort to notify any identifiable victims of the offense of the intended new text end 8.19 new text begin agreement and the opportunity to object to the agreement. new text end 8.20 new text begin (c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records new text end 8.21 new text begin for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may new text end 8.22 new text begin occur before or after the criminal charges are dismissed. new text end 8.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 8.24    Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read: 8.25    Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal 8.26record who is seeking the expungement of the record shall file a petition under this section 8.27and pay a filing fee in the amount required under section 357.021, subdivision 2, clause 8.28(1). The filing fee may be waived in cases of indigency and shall be waived in the cases 8.29described in section 609A.02, subdivision 3 new text begin , paragraph (a), clause (1) new text end . 8.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 8.31    Sec. 9. Minnesota Statutes 2012, section 609A.03, subdivision 3, is amended to read: 9.1    Subd. 3. Service of petition and proposed order. (a) The petitioner shall serve by 9.2mail the petition for expungement and a proposed expungement order on the prosecutorial 9.3office that had jurisdiction over the offense for which expungement is sought and all 9.4other state and local government agencies and jurisdictions whose records would be 9.5affected by the proposed order. The petitioner shall also serve by mail the attorney for 9.6each agency and jurisdiction. 9.7(b) The prosecutorial office that had jurisdiction over the offense for which 9.8expungement is sought shall serve by mail the petition for expungement and a proposed 9.9expungement order on any victims of the offense for which expungement is sought who 9.10have requested notice of expungement pursuant to section 611A.06. Service under this 9.11paragraph does not constitute a violation of an existing order for protection, restraining 9.12order, or other no contact order. 9.13(c) The prosecutorial office's notice to victims of the offense under this subdivision 9.14must specifically inform the victims of the victims' right to be present and to submit an 9.15oral or written statement at the expungement hearing described in subdivision 4. 9.16 new text begin (d) An agency or jurisdiction that is served with a petition under this subdivision new text end 9.17 new text begin may submit to the court private or confidential data on the petitioner that the agency or new text end 9.18 new text begin jurisdiction determines is necessary to respond to the petition. As part of the submission, new text end 9.19 new text begin the agency or jurisdiction shall inform the court and the petitioner that the submission new text end 9.20 new text begin contains private or confidential data that may become accessible to the public as part of new text end 9.21 new text begin the expungement proceeding. The petitioner may, at the time of filing the petition or after new text end 9.22 new text begin that time, file a request with the court to seal the private or confidential data that are new text end 9.23 new text begin submitted by the agency or jurisdiction. new text end 9.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.25    Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read: 9.26    Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by 9.27paragraph (b), expungement of a criminal record is an extraordinary remedy to be granted 9.28only upon clear and convincing evidence that it would yield a benefit to the petitioner 9.29commensurate with the disadvantages to the public and public safety of: 9.30(1) sealing the record; and 9.31(2) burdening the court and public authorities to issue, enforce, and monitor an 9.32expungement order. 9.33(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning 9.34for the sealing of a criminal record under section 609A.02, subdivision 3 new text begin , paragraph (a), new text end 9.35 new text begin clause (1) or (2) new text end , the court shall grant the petition to seal the record unless the agency 10.1or jurisdiction whose records would be affected establishes by clear and convincing 10.2evidence that the interests of the public and public safety outweigh the disadvantages 10.3to the petitioner of not sealing the record. 10.4 new text begin (c) In making a determination under this subdivision, the court shall consider: new text end 10.5 new text begin (1) the nature and severity of the underlying crime, the record of which would new text end 10.6 new text begin be sealed; new text end 10.7 new text begin (2) the risk, if any, the petitioner poses to individuals or society; new text end 10.8 new text begin (3) the length of time since the crime occurred; new text end 10.9 new text begin (4) the steps taken by the petitioner toward rehabilitation following the crime; new text end 10.10 new text begin (5) aggravating or mitigating factors relating to the underlying crime, including the new text end 10.11 new text begin petitioner's level of participation and context and circumstances of the underlying crime; new text end 10.12 new text begin (6) the reasons for the expungement, including the petitioner's attempts to obtain new text end 10.13 new text begin employment, housing, or other necessities; new text end 10.14 new text begin (7) the petitioner's criminal record; new text end 10.15 new text begin (8) the petitioner's record of employment and community involvement; new text end 10.16 new text begin (9) the recommendations of interested law enforcement, prosecutorial, and new text end 10.17 new text begin corrections officials; new text end 10.18 new text begin (10) the recommendations of victims or whether victims of the underlying crime new text end 10.19 new text begin were minors; new text end 10.20 new text begin (11) the amount, if any, of restitution outstanding, past efforts made by the petitioner new text end 10.21 new text begin toward payment, and the measures in place to help ensure completion of restitution new text end 10.22 new text begin payment after expungement of the record if granted; and new text end 10.23 new text begin (12) other factors deemed relevant by the court. new text end 10.24(c) new text begin (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, new text end if the 10.25court issues an expungement order it may require that the criminal record be sealed, the 10.26existence of the record not be revealed, and the record not be opened except as required 10.27under subdivision 7. Records must not be destroyed or returned to the subject of the record. 10.28     new text begin (e) Information relating to a criminal history record of an employee, former new text end 10.29 new text begin employee, or tenant that has been expunged before the occurrence of the act giving rise new text end 10.30 new text begin to the civil action may not be introduced as evidence in a civil action against a private new text end 10.31 new text begin employer or landlord or its employees or agents that is based on the conduct of the new text end 10.32 new text begin employee, former employee, or tenant. new text end 10.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 10.34    Sec. 11. Minnesota Statutes 2012, section 609A.03, is amended by adding a 10.35subdivision to read: 11.1     new text begin Subd. 6a. new text end new text begin Order when context and circumstances of the underlying crime new text end 11.2 new text begin indicate a nexus between the criminal record to be expunged and person's status as a new text end 11.3 new text begin crime victim. new text end new text begin If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause new text end 11.4 new text begin (5), that the context and circumstances of the underlying crime indicate a nexus between new text end 11.5 new text begin the criminal record to be expunged and the person's status as a crime victim, then the effect new text end 11.6 new text begin of the court order to seal the record of the proceedings shall be to restore the person, in the new text end 11.7 new text begin contemplation of the law, to the status the person occupied before the arrest, indictment, new text end 11.8 new text begin or information. The person shall not be guilty of perjury or otherwise of giving a false new text end 11.9 new text begin statement if the person fails to acknowledge the arrest, indictment, information, or trial in new text end 11.10 new text begin response to any inquiry made for any purpose. The court may request a sworn statement new text end 11.11 new text begin from a staff member of a state-funded victim services organization or a licensed health new text end 11.12 new text begin care provider as evidence to support a determination under section 609A.03, subdivision 5. new text end 11.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 11.14    Sec. 12. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read: 11.15    Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related 11.16to a charge supported by probable cause, the DNA samples and DNA records held by 11.17the Bureau of Criminal Apprehension and collected under authority other than section 11.18299C.105 , shall not be sealed, returned to the subject of the record, or destroyed. 11.19(b) Notwithstanding the issuance of an expungement order: 11.20(1) an expunged record may be opened for purposes of a criminal investigation, 11.21prosecution, or sentencing, upon an ex parte court order; 11.22(2) an expunged record of a conviction may be opened for purposes of evaluating a 11.23prospective employee in a criminal justice agency without a court order; and 11.24(3) an expunged record of a conviction may be opened for purposes of a background 11.25study under section 245C.08 unless the court order for expungement is directed 11.26specifically to the commissioner of human services. 11.27Upon request by law enforcement, prosecution, or corrections authorities, an agency 11.28or jurisdiction subject to an expungement order shall inform the requester of the existence 11.29of a sealed record and of the right to obtain access to it as provided by this paragraph. For 11.30purposes of this section, a "criminal justice agency" means courts or a government agency 11.31that performs the administration of criminal justice under statutory authority. 11.32 new text begin (c) This subdivision applies to expungement orders subject to its limitations and new text end 11.33 new text begin effective before January 1, 2015. new text end 11.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 12.1    Sec. 13. Minnesota Statutes 2012, section 609A.03, is amended by adding a 12.2subdivision to read: 12.3     new text begin Subd. 7a. new text end new text begin Limitations of order. new text end new text begin (a) Upon issuance of an expungement order related new text end 12.4 new text begin to a charge supported by probable cause, the DNA samples and DNA records held by new text end 12.5 new text begin the Bureau of Criminal Apprehension and collected under authority other than section new text end 12.6 new text begin shall not be sealed, returned to the subject of the record, or destroyed. new text end 12.7 new text begin (b) Notwithstanding the issuance of an expungement order: new text end 12.8 new text begin (1) except as provided in clause (2), an expunged record may be opened, used, new text end 12.9 new text begin or exchanged between criminal justice agencies without a court order for the purposes new text end 12.10 new text begin of initiating, furthering, or completing a criminal investigation or prosecution or for new text end 12.11 new text begin sentencing purposes or providing probation or other correctional services; new text end 12.12 new text begin (2) when a criminal justice agency seeks access to a record that was sealed under new text end 12.13 new text begin section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order new text end 12.14 new text begin dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, new text end 12.15 new text begin or sentencing, the requesting agency must obtain an ex parte court order after stating a new text end 12.16 new text begin good-faith basis to believe that opening the record may lead to relevant information; new text end 12.17 new text begin (3) an expunged record of a conviction may be opened for purposes of evaluating a new text end 12.18 new text begin prospective employee in a criminal justice agency without a court order; new text end 12.19 new text begin (4) an expunged record of a conviction may be opened for purposes of a background new text end 12.20 new text begin study under section new text end new text begin unless the commissioner had been properly served with new text end 12.21 new text begin notice of the petition for expungement and the court order for expungement is directed new text end 12.22 new text begin specifically to the commissioner of human services; new text end 12.23 new text begin (5) an expunged record of a conviction may be opened for purposes of a background new text end 12.24 new text begin check required under section 122A.18, subdivision 8, unless the court order for new text end 12.25 new text begin expungement is directed specifically to the Board of Teaching or the licensing division of new text end 12.26 new text begin the Department of Education; and new text end 12.27 new text begin (6) the court may order an expunged record opened upon request by the victim of new text end 12.28 new text begin the underlying offense if the court determines that the record is substantially related to a new text end 12.29 new text begin matter for which the victim is before the court. new text end 12.30 new text begin (c) An agency or jurisdiction subject to an expungement order shall maintain the new text end 12.31 new text begin record in a manner that provides access to the record by a criminal justice agency under new text end 12.32 new text begin paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed. new text end 12.33 new text begin The Bureau of Criminal Apprehension shall notify the commissioner of human services, new text end 12.34 new text begin the Board of Teaching, or the licensing division of the Department of Education of the new text end 12.35 new text begin existence of a sealed record and of the right to obtain access under paragraph (b), clause new text end 12.36 new text begin (4) or (5). Upon request, the agency or jurisdiction subject to the expungement order new text end 13.1 new text begin shall provide access to the record to the commissioner of human services, the Board new text end 13.2 new text begin of Teaching, or the licensing division of the Department of Education under paragraph new text end 13.3 new text begin (b), clause (4) or (5). new text end 13.4 new text begin (d) An expunged record that is opened or exchanged under this subdivision remains new text end 13.5 new text begin subject to the expungement order in the hands of the person receiving the record. new text end 13.6 new text begin (e) A criminal justice agency that receives an expunged record under paragraph (b), new text end 13.7 new text begin clause (1) or (2), must maintain and store the record in a manner that restricts the use of new text end 13.8 new text begin the record to the investigation, prosecution, or sentencing for which it was obtained. new text end 13.9 new text begin (f) For purposes of this section, a "criminal justice agency" means a court or new text end 13.10 new text begin government agency that performs the administration of criminal justice under statutory new text end 13.11 new text begin authority. new text end 13.12 new text begin (g) This subdivision applies to expungement orders subject to its limitations and new text end 13.13 new text begin effective on or after January 1, 2015. new text end 13.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 13.15    Sec. 14. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read: 13.16    Subd. 8. Distribution new text begin and confirmation new text end of expungement orders. new text begin (a) new text end The court 13.17administrator shall send a copy of an expungement order to each agency and jurisdiction 13.18whose records are affected by the terms of the order new text begin and send a letter to the petitioner new text end 13.19 new text begin identifying each agency that received the order. new text end 13.20 new text begin (b) If requested in the petition, each agency and jurisdiction receiving the order must new text end 13.21 new text begin send a letter to the petitioner at an address provided in the petition confirming the receipt new text end 13.22 new text begin of the expungement order and that the record has been expunged. new text end 13.23 new text begin (c) Data on the petitioner in a letter sent under this subdivision are private data new text end 13.24 new text begin on individuals as defined in section 13.02 new text end . 13.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2015. new text end 13.26    Sec. 15. new text begin [609A.04] REMEDY. new text end 13.27 new text begin An individual whose record is expunged under this chapter or other law may bring new text end 13.28 new text begin an action under section 13.08 against a government entity that knowingly opens or new text end 13.29 new text begin exchanges the expunged record in a manner not authorized by law. new text end " 13.30Delete the title and insert: 13.31"A bill for an act 13.32relating to criminal justice; modifying provisions governing expungement of 13.33criminal records; requiring business screening services to delete expunged 13.34records; allowing expungement of eviction records in certain cases;amending 13.35Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision 14.11; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345, 14.2subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 3, 5, 7, 8, 14.3by adding subdivisions; proposing coding for new law in Minnesota Statutes, 14.4chapter 609A." We request the adoption of this report and repassage of the bill. House Conferees: ..... ..... Carly Melin Debra Hilstrom ..... Tony Cornish Senate Conferees: ..... ..... Bobby Joe Champion Branden Petersen ..... Barb Goodwin