HF 2825

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/03/2025 03:42 p.m.

A bill for an act
relating to public safety; providing access to expunged conviction records of
applicants for licenses and positions in the private security and private detective
industry; amending Minnesota Statutes 2024, section 609A.03, subdivisions 7, 7a.

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

Section 1.

Minnesota Statutes 2024, section 609A.03, subdivision 7, is amended to read:

Subd. 7.

Limitations of order effective before January 1, 2015.

(a) Upon issuance of
an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105, shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;

(2) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order; deleted text begin and
deleted text end

new text begin (3) an expunged record of a conviction may be opened for purposes of evaluating a
current or prospective licensee under section 326.3381 or an employee of a license holder
subject to a background check pursuant to section 326.336, subdivision 1, without a court
order; and
new text end

deleted text begin (3) deleted text end new text begin (4) new text end an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the court order for expungement is directed specifically
to the commissioner of human services.

Upon request by law enforcement, prosecution, or corrections authorities, an agency or
jurisdiction subject to an expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.

(c) This subdivision applies to expungement orders subject to its limitations and effective
before January 1, 2015.

Sec. 2.

Minnesota Statutes 2024, section 609A.03, subdivision 7a, is amended to read:

Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;

new text begin (4) an expunged record of a conviction may be opened for purposes of evaluating a
current or prospective licensee under section 326.3381 or an employee of a license holder
subject to a background check pursuant to section 326.336, subdivision 1, without a court
order;
new text end

deleted text begin (4) deleted text end new text begin (5) new text end an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services following proper service of a petition, or following
proceedings under section 609A.017, 609A.025, or 609A.035 upon service of an order to
the commissioner of human services;

deleted text begin (5) deleted text end new text begin (6) new text end an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board;

deleted text begin (6) deleted text end new text begin (7) new text end the court may order an expunged record opened upon request by the victim of
the underlying offense if the court determines that the record is substantially related to a
matter for which the victim is before the court;

deleted text begin (7) deleted text end new text begin (8) new text end a prosecutor may request, and the district court shall provide, certified records
of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
609A.025, and 609A.035, and the certified records of conviction may be disclosed and
introduced in criminal court proceedings as provided by the rules of court and applicable
law; and

deleted text begin (8) deleted text end new text begin (9) new text end the subject of an expunged record may request, and the court shall provide,
certified or uncertified records of conviction for a record expunged pursuant to sections
609A.015, 609A.017, 609A.02, 609A.025, and 609A.035.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services or the
Professional Educator Licensing and Standards Board of the existence of a sealed record
and of the right to obtain access under paragraph (b), clause deleted text begin (4) or deleted text end (5) new text begin or (6) new text end . Upon request,
the agency or jurisdiction subject to the expungement order shall provide access to the
record to the commissioner of human services or the Professional Educator Licensing and
Standards Board under paragraph (b), clause deleted text begin (4) or deleted text end (5) new text begin or (6) new text end .

(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015, and grants of expungement relief issued on or after January 1,
2025.