HF 1152

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 04:08pm

A bill for an act
relating to public safety; establishing the Clean Slate Act; providing for an
automatic expungement process for certain offenders; amending Minnesota Statutes
2020, sections 609A.01; 609A.02, subdivision 3, by adding a subdivision;
609A.025; 609A.03, subdivisions 5, 7a, 9; 611A.03, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 609A.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be referred to as the "Clean Slate Act."
new text end

Sec. 2.

Minnesota Statutes 2020, section 609A.01, is amended to read:

609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.

This chapter provides the grounds and procedures for expungement of criminal records
under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under
section 609A.015, subdivision 1, or new text end a petition is authorized under section 609A.02,
subdivision 3; or other applicable law. The remedy available is limited to a court order
sealing the records and prohibiting the disclosure of their existence or their opening except
under court order or statutory authority. Nothing in this chapter authorizes the destruction
of records or their return to the subject of the records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 3.

new text begin [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility; dismissal; exoneration. new text end

new text begin A person who is the subject of a
criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
new text end

new text begin (1) upon the dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance;
new text end

new text begin (2) if the person was arrested and all charges were dismissed prior to a determination
of probable cause; or
new text end

new text begin (3) if all pending actions or proceedings were resolved in favor of the person. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the person. For purposes of this chapter, an action or proceeding is resolved in
favor of the person if the petitioner received an order under section 590.11 determining that
the person is eligible for compensation based on exoneration.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility; diversion and stay of adjudication. new text end

new text begin A person is eligible for a grant
of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication and has not been petitioned or charged with a new crime
for one year immediately following completion of the diversion program or stay of
adjudication.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility; certain criminal and delinquency proceedings. new text end

new text begin (a) A person is
eligible for a grant of expungement relief if the person:
new text end

new text begin (1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a
qualifying offense other than one that may be used to enhance a criminal penalty;
new text end

new text begin (2) has not been convicted of a new crime in Minnesota during the applicable waiting
period immediately following discharge of the disposition or sentence for the crime;
new text end

new text begin (3) is not incarcerated or charged with an offense in Minnesota at the time the person
reaches the end of the applicable waiting period; and
new text end

new text begin (4) has not been convicted of a new crime in any other jurisdiction during the applicable
waiting period immediately following discharge of the disposition or sentence for the crime,
if the qualifying offense was a felony.
new text end

new text begin (b) As used in this subdivision, "qualifying offense" means an adjudication, conviction,
or stayed sentence for:
new text end

new text begin (1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
new text end

new text begin (2) any misdemeanor offense other than:
new text end

new text begin (i) section 169A.27 (fourth-degree driving while impaired);
new text end

new text begin (ii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end

new text begin (iii) section 609.224 (assault in the fifth degree);
new text end

new text begin (iv) section 609.2242 (domestic assault);
new text end

new text begin (v) section 609.748 (violation of a harassment restraining order);
new text end

new text begin (vi) section 609.78 (interference with emergency call);
new text end

new text begin (vii) section 609.79 (obscene or harassing phone calls);
new text end

new text begin (viii) section 617.23 (indecent exposure); or
new text end

new text begin (ix) section 629.75 (violation of domestic abuse no contact order);
new text end

new text begin (3) any gross misdemeanor offense other than:
new text end

new text begin (i) section 169A.27 (third-degree driving while impaired);
new text end

new text begin (ii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end

new text begin (iii) section 609.2231 (assault in the fourth degree);
new text end

new text begin (iv) section 609.224 (assault in the fifth degree);
new text end

new text begin (v) section 609.2242 (domestic assault);
new text end

new text begin (vi) section 609.233 (criminal neglect);
new text end

new text begin (vii) section 609.3451 (criminal sexual conduct in the fifth degree);
new text end

new text begin (viii) section 609.377 (malicious punishment of child);
new text end

new text begin (ix) section 609.485 (escape from custody);
new text end

new text begin (x) section 609.498 (tampering with witness);
new text end

new text begin (xi) section 609.582, subdivision 4 (burglary in the fourth degree);
new text end

new text begin (xii) section 609.746 (interference with privacy);
new text end

new text begin (xiii) section 609.748 (violation of a harassment restraining order);
new text end

new text begin (xiv) section 609.749 (harassment; stalking);
new text end

new text begin (xv) section 609.78 (interference with emergency call);
new text end

new text begin (xvi) section 617.23 (indecent exposure);
new text end

new text begin (xvii) section 617.261 (nonconsensual dissemination of private sexual images); or
new text end

new text begin (xviii) section 629.75 (violation of domestic abuse no contact order); and
new text end

new text begin (4) any of the following felony offenses:
new text end

new text begin (i) section 152.025 (controlled substance crime in the fifth degree);
new text end

new text begin (ii) section 152.097 (simulated controlled substances);
new text end

new text begin (iii) section 256.98 (wrongfully obtaining assistance; theft);
new text end

new text begin (iv) section 256.984 (false declaration in assistance application);
new text end

new text begin (v) any offense sentenced under section 609.52, subdivision 3, clause (3)(a) (theft of
$5,000 or less);
new text end

new text begin (vi) any offense sentenced under section 609.528, subdivision 3, clause (3) (possession
or sale of stolen or counterfeit check);
new text end

new text begin (vii) section 609.529 (mail theft);
new text end

new text begin (viii) section 609.53 (receiving stolen property);
new text end

new text begin (ix) any offense sentenced under section 609.535, subdivision 2a, paragraph (a), clause
(1) (dishonored check over $500);
new text end

new text begin (x) section 609.59 (possession of burglary tools);
new text end

new text begin (xi) section 609.595, subdivision 1, clauses (3) to (5) (criminal damage to property);
new text end

new text begin (xii) section 609.63 (forgery);
new text end

new text begin (xiii) any offense sentenced under section 609.631, subdivision 4, clause (3)(a) (check
forgery $2,500 or less); and
new text end

new text begin (xiv) any offense sentenced under section 609.821, subdivision 3, paragraph (a), clause
(1), item (iii) (financial transaction card fraud).
new text end

new text begin (c) As used in this subdivision, "applicable waiting period" means:
new text end

new text begin (1) if the offense was a petty misdemeanor or a misdemeanor, two years;
new text end

new text begin (2) if the offense was a gross misdemeanor, four years; and
new text end

new text begin (3) if the offense was a felony, five years.
new text end

new text begin (d) Offenses ineligible for an order of expungement under this section remain ineligible
if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 1, clause (2) or
subdivision 2, clause (2).
new text end

new text begin Subd. 4. new text end

new text begin Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief. new text end

new text begin (a) The Bureau of Criminal Apprehension shall identify adjudications
and convictions that qualify for a grant of expungement relief pursuant to this subdivision
or subdivision 1, 2, or 3.
new text end

new text begin (b) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
new text end

new text begin (c) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension and
subject to a grant of expungement relief shall display a notation stating "expungement relief
granted pursuant to section 609A.015."
new text end

new text begin (d) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
for which expungement relief was granted pursuant to this section. Notification may be
through electronic means and may be made in real time or in the form of a monthly report.
Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted.
new text end

new text begin (e) The Bureau of Criminal Apprehension shall inform each agency and jurisdiction
whose records are affected by the grant of expungement relief. Notification may be through
electronic means and may be made in real time or in the form of a monthly report. Each
agency shall seal all records relating to an arrest, indictment or information, trial, verdict,
or dismissal and discharge for any case in which expungement relief was granted.
new text end

new text begin (f) Ninety days before the grant of expungement relief, the Bureau of Criminal
Apprehension shall make a reasonable effort to send a letter to the last known address of
the person whose offense will be expunged, notifying that person:
new text end

new text begin (1) of the offense that qualifies;
new text end

new text begin (2) of the date on which the Bureau of Criminal Apprehension expects to grant
expungement relief;
new text end

new text begin (3) that an expunged record of a conviction may be opened for purposes of a background
study by the Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board and the
Board of School Administrators as required under section 122A.18, subdivision 8; and
new text end

new text begin (4) that the person can file a petition to expunge the record and request that it be directed
to the commissioner of human services, the Professional Educator Licensing and Standards
Board, or the licensing division of the Department of Education.
new text end

new text begin (g) Data on the person whose offense has been expunged under this subdivision are
private data on individuals as defined in section 13.02.
new text end

new text begin (h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03, subdivisions
1 and 2.
new text end

new text begin (i) In any subsequent prosecution of a person granted expungement relief, the expunged
criminal record may be pleaded and has the same effect as if the relief had not been granted.
new text end

new text begin (j) The Bureau of Criminal Apprehension is directed to develop a system to provide
criminal justice agencies with uniform statewide access to criminal records sealed by
expungement.
new text end

new text begin (k) At sentencing, the prosecuting agency with jurisdiction over the criminal record may
ask the court to prohibit the Bureau of Criminal Apprehension from granting expungement
relief under this section. The court shall grant the request upon a showing of clear and
convincing evidence that the interests of the public and public safety outweigh the
disadvantages to the defendant of not sealing the record.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Expungement of arrest. new text end

new text begin A petition may be filed under section 609A.03 to
seal all records relating to an arrest if:
new text end

new text begin (1) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment; and
new text end

new text begin (2) the applicable limitations period under section 628.26 has expired, and no indictment
or complaint was found or made and filed against the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609A.02, subdivision 3, is amended to read:

Subd. 3.

Certain criminal proceedings.

(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:

(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;

(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;

(3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor
or misdemeanor and has not been convicted of a new crime for at least two years since
discharge of the sentence for the crime;

(4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor
and has not been convicted of a new crime for at least four years since discharge of the
sentence for the crime; or

(5) the petitioner was convicted of or received a stayed sentence for a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
five years since discharge of the sentence for the crime.

(b) Paragraph (a), clause (5), applies to the following offenses:

(1) section 35.824 (altering livestock certificate);

(2) section 62A.41 (insurance regulations);

(3) section 86B.865, subdivision 1 (certification for title on watercraft);

(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
simulated controlled substance);

(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);

(6) chapter 201; 203B; or 204C (voting violations);

(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);

(8) new text begin section 256.98 (wrongfully obtaining assistance);
new text end

new text begin (9) new text end section 256.984 (false declaration in assistance application);

deleted text begin (9) deleted text end new text begin (10) new text end section 296A.23, subdivision 2 (willful evasion of fuel tax);

deleted text begin (10) deleted text end new text begin (11) new text end section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);

deleted text begin (11) deleted text end new text begin (12) new text end section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);

deleted text begin (12) deleted text end new text begin (13) new text end section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
notices and solicitations);

deleted text begin (13) deleted text end new text begin (14) new text end section 346.155, subdivision 10 (failure to control regulated animal);

deleted text begin (14) deleted text end new text begin (15) new text end section 349.2127; or 349.22 (gambling regulations);

deleted text begin (15) deleted text end new text begin (16) new text end section 588.20 (contempt);

deleted text begin (16) deleted text end new text begin (17) new text end section 609.27, subdivision 1, clauses (2) to (5) (coercion);

deleted text begin (17) deleted text end new text begin (18) new text end section 609.31 (leaving state to evade establishment of paternity);

deleted text begin (18) deleted text end new text begin (19) new text end section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
civil commitment for mental illness);

deleted text begin (19) deleted text end new text begin (20) new text end section 609.49 (failure to appear in court);

deleted text begin (20) deleted text end new text begin (21) new text end section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
theft offense that is sentenced under this provision; new text begin 609.52, subdivision 3, clause (2) (theft
of $5,000 to $35,000); new text end or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with
risk of bodily harm);

deleted text begin (21) deleted text end new text begin (22) new text end section 609.525 (bringing stolen goods into state);

deleted text begin (22) deleted text end new text begin (23) new text end section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);

deleted text begin (23) deleted text end new text begin (24) new text end section 609.527, subdivision 5b (possession or use of scanning device or
reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
check); or 609.529 (mail theft);

deleted text begin (24) deleted text end new text begin (25) new text end section 609.53 (receiving stolen goods);

deleted text begin (25) deleted text end new text begin (26) new text end section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
over $500);

deleted text begin (26) deleted text end new text begin (27) new text end section 609.54, clause (1) (embezzlement of public funds $2,500 or less);

deleted text begin (27) deleted text end new text begin (28) new text end section 609.551 (rustling and livestock theft);

deleted text begin (28) deleted text end new text begin (29) new text end section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);

deleted text begin (29) deleted text end new text begin (30) new text end section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);

new text begin (31) section 609.59 (possession of burglary or theft tools);
new text end

deleted text begin (30) deleted text end new text begin (32) new text end section 609.595, subdivision 1, clauses (3) to (5) deleted text begin , and subdivision 1a, paragraph
(a) (criminal damage to property) deleted text end ;

deleted text begin (31) deleted text end new text begin (33) new text end section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);

deleted text begin (32) deleted text end new text begin (34) new text end section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);

deleted text begin (33) deleted text end new text begin (35) new text end section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);

deleted text begin (34) deleted text end new text begin (36) new text end section 609.652 (fraudulent driver's license and identification card);

deleted text begin (35) deleted text end new text begin (37) new text end section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
or 609.66, subdivision 1b (furnishing firearm to minor);

deleted text begin (36) deleted text end new text begin (38) new text end section 609.662, subdivision 2, paragraph (b) (duty to render aid);

deleted text begin (37) deleted text end new text begin (39) new text end section 609.686, subdivision 2 (tampering with fire alarm);

deleted text begin (38) deleted text end new text begin (40) new text end section 609.746, subdivision 1, paragraph (e) (interference with privacy;
subsequent violation or minor victim);

deleted text begin (39) deleted text end new text begin (41) new text end section 609.80, subdivision 2 (interference with cable communications system);

deleted text begin (40) deleted text end new text begin (42) new text end section 609.821, subdivision 2 (financial transaction card fraud);

deleted text begin (41) deleted text end new text begin (43) new text end section 609.822 (residential mortgage fraud);

deleted text begin (42) deleted text end new text begin (44) new text end section 609.825, subdivision 2 (bribery of participant or official in contest);

deleted text begin (43) deleted text end new text begin (45) new text end section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
transit operator);

deleted text begin (44) deleted text end new text begin (46) new text end section 609.88 (computer damage); or 609.89 (computer theft);

deleted text begin (45) deleted text end new text begin (47) new text end section 609.893, subdivision 2 (telecommunications and information services
fraud);

deleted text begin (46) deleted text end new text begin (48) new text end section 609.894, subdivision 3 or 4 (cellular counterfeiting);

deleted text begin (47) deleted text end new text begin (49) new text end section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);

deleted text begin (48) deleted text end new text begin (50) new text end section 609.896 (movie pirating);

deleted text begin (49) deleted text end new text begin (51) new text end section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
subdivision 2 (transfer of pistol to ineligible person); or

deleted text begin (50) deleted text end new text begin (52) new text end section 624.7181 (rifle or shotgun in public by minor).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

Minnesota Statutes 2020, 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 3, 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. new text begin
The prosecutor shall inform the court whether the context and circumstances of the underlying
crime indicate a nexus between the criminal record to be expunged and the person's status
as a crime victim and, if so, request that the court make the appropriate findings to support
the relief described in section 609A.03, subdivision 6a.
new text end

(b) new text begin At least 90 days new text end 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 3, paragraph (a), clause (2), may
occur before or after the criminal charges are dismissed.

new text begin (d) A prosecutor shall agree to the sealing of a criminal record for a person described
in section 609A.02, subdivision 2a, unless substantial and compelling reasons exist to object
to the sealing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:

Subd. 5.

Nature of remedy; standard.

(a) Except as otherwise provided by paragraph
(b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be
granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
commensurate with the disadvantages to the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.

(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.

(c) In making a determination under this subdivision, the court shall consider:

(1) the nature and severity of the underlying crime, the record of which would be sealed;

(2) the risk, if any, the petitioner poses to individuals or society;

(3) the length of time since the crime occurred;

(4) the steps taken by the petitioner toward rehabilitation following the crime;

(5) aggravating or mitigating factors relating to the underlying crime, including the
petitioner's level of participation and context and circumstances of the underlying crime;

(6) the reasons for the expungement, including the petitioner's attempts to obtain
employment, housing, or other necessities;

(7) the petitioner's criminal record;

(8) the petitioner's record of employment and community involvement;

(9) the recommendations of interested law enforcement, prosecutorial, and corrections
officials;

(10) the recommendations of victims or whether victims of the underlying crime were
minors;

(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
toward payment, and the measures in place to help ensure completion of restitution payment
after expungement of the record if granted; and

(12) other factors deemed relevant by the court.

(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
issues an expungement order it may require that the criminal record be sealed, the existence
of the record not be revealed, and the record not be opened except as required under
subdivision 7. Records must not be destroyed or returned to the subject of the record.

(e) Information relating to a criminal history record of an employee, former employee,
or tenant that has been expunged before the occurrence of the act giving rise to the civil
action may not be introduced as evidence in a civil action against a private employer or
landlord or its employees or agents that is based on the conduct of the employee, former
employee, or tenant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, 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), new text begin or 609A.015, subdivision 1, clause (3),
new text end 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;

(4) 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;

(5) 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 or the
licensing division of the Department of Education; deleted text begin and
deleted text end

(6) 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 new text begin ;
new text end

new text begin (7) a prosecutor may request, and the district court shall provide, certified records of
conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025,
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
new text end

new text begin (8) 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.02, and 609A.025 new text end .

(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, the Professional
Educator Licensing and Standards Board, or the licensing division of the Department of
Education of the existence of a sealed record and of the right to obtain access under paragraph
(b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement
order shall provide access to the record to the commissioner of human services, the
Professional Educator Licensing and Standards Board, or the licensing division of the
Department of Education under paragraph (b), clause (4) or (5).

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:

Subd. 9.

Stay of order; appeal.

An expungement order new text begin issued under this section new text end shall
be stayed automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of service of notice of filing of
the order. An agency or jurisdiction or its officials or employees need not file a cost bond
or supersedeas bond in order to further stay the proceedings or file an appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to individuals
sentenced on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:

Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;
deleted text begin and
deleted text end

(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If the victim is not present when
the court considers the recommendation, but has communicated objections to the prosecuting
attorney, the prosecuting attorney shall make these objections known to the court new text begin ; and
new text end

new text begin (3) the eligibility of the offense for automatic expungement pursuant to section 609A.015,
and the victim's right to express to the court orally or in writing, at the victim's option, any
objection to a grant of expungement relief. If the victim is not present, but has communicated
objections to the prosecuting attorney, the prosecuting attorney shall make these objections
known to the court new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to plea
agreements for individuals sentenced on or after that date.
new text end