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Minnesota Legislature

Office of the Revisor of Statutes

HF 1057

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:19pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; authorizing the expungement of criminal records without
petition for individuals not guilty of a crime as a result of identity theft or mistaken
identity; amending Minnesota Statutes 2018, sections 609A.02, by adding a
subdivision; 609A.025.

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

Section 1.

Minnesota Statutes 2018, section 609A.02, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Identity theft or mistaken identity. new text end

new text begin (a) Upon the dismissal and discharge of
criminal proceedings brought against a person as a result of mistaken identity or another
person using the identifying information of the named person by identity theft under section
609.527, the prosecutor shall notify the court of the dismissal and discharge under section
609A.025. The court administrator under section 609A.03, subdivision 8, shall send a copy
of the expungement order to each state and federal agency and jurisdiction, including but
not limited to the Departments of Corrections and Public Safety and law enforcement
agencies, whose records are affected by the order.
new text end

new text begin (b) The condition under section 299C.11, subdivision 1, that an arrested person's criminal
records may only be destroyed or sealed if the arrested person has not been convicted of
any felony or gross misdemeanor within ten years immediately preceding the determination
of all criminal actions or proceedings in favor of the arrested person, does not apply to a
person who, as a result of mistaken identity or identity theft, is charged and:
new text end

new text begin (1) the charges are dismissed prior to a determination of probable cause or the prosecutor
declined to file charges and a grand jury did not return an indictment; or
new text end

new text begin (2) all criminal actions or proceedings are determined in favor of the arrested person.
new text end

new text begin (c) The effect of the court order to seal the record of the proceedings under paragraph
(a) shall be to restore the person, under the law, to the status the person occupied before the
arrest, indictment or information, trial, and dismissal and discharge. The person shall not
be guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge
the arrest, indictment, information, or trial in response to any inquiry made for any purpose.
The person shall not be responsible for any fees or costs resulting from the court order
including but not limited to reinstatement fees of any licenses or the costs of sealing records.
new text end

new text begin (d) For the purposes of this section, the following terms have the meanings given them:
new text end

new text begin (1) "law enforcement agency" means a Minnesota municipal police department, the
Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota
Police Department, the Department of Corrections Fugitive Apprehension Unit, a Minnesota
county sheriff's department, the Enforcement Division of the Department of Natural
Resources, the Commerce Fraud Bureau, the Bureau of Criminal Apprehension, or the
Minnesota State Patrol; and
new text end

new text begin (2) "mistaken identity" means the erroneous arrest of a person for a crime as a result of
misidentification by a witness or law enforcement, confusion on the part of a witness or
law enforcement as to the identity of the person who committed the crime, misinformation
provided to law enforcement as to the identity of the person who committed the crime, or
some other mistake on the part of a witness or law enforcement as to the identity of the
person who committed the crime.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609A.025, is amended to read:


609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH
PROSECUTOR AGREEMENT AND NOTIFICATION.

(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the
criminal record for a person described in section 609A.02, subdivision new text begin1a or new text end3, without the
filing of a petition unless it determines that the interests of the public and public safety in
keeping the record public outweigh the disadvantages to the subject of the record in not
sealing it.

(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
make a good faith effort to notify any identifiable victims of the offense of the intended
agreement and the opportunity to object to the agreement.

(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
for a person described in section 609A.02, subdivision new text begin1a or new text end3, paragraph (a), clause (2),
may occur before or after the criminal charges are dismissed.