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Minnesota Legislature

Office of the Revisor of Statutes

HF 1237

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2007

Current Version - as introduced

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A bill for an act
relating to crimes; modifying records expungement; amending Minnesota
Statutes 2006, section 609A.01.

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

Section 1.

Minnesota Statutes 2006, section 609A.01, is amended to read:


609A.01 CRIMINAL RECORDS EXPUNGEMENT.

new text begin Subdivision 1. new text end

new text begin Statutory expungement. new text end

This chapter provides the grounds and
procedures for expungement of criminal records under section 13.82; 152.18, subdivision
1
; 299C.11, where 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 Subd. 2. new text end

new text begin Expungement orders under court's own authority. new text end

new text begin If the court issues an
expungement order under it's own authority, all related records held by any agency shall
also be sealed. Disclosure of the existence of sealed records or their opening is prohibited,
except under court order or statutory authority. The provisions of section 609A.03,
subdivisions 7 and 8, apply to expungement orders issued under the court's own authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to petitions filed on or after that date.
new text end