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Capital IconMinnesota Legislature

HF 1380

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 02/23/2007

Current Version - as introduced

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A bill for an act
relating to crimes; providing for the sealing of certain criminal justice data;
specifying circumstances under which criminal justice data should be sealed;
providing the legal consequences of sealing; requiring business screening
services to correct and delete disputed records; providing civil penalties;
proposing coding for new law as Minnesota Statutes, chapter 609C.

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

Section 1.

new text begin [609C.01] SEALING OF NONCONVICTION AND FAVORABLE
RESOLUTION DATA.
new text end

new text begin This chapter provides for the sealing of data relating to:
new text end

new text begin (1) arrests that do not lead to a referral for prosecution;
new text end

new text begin (2) arrests that lead to a referral for prosecution but no charges are brought; and
new text end

new text begin (3) charged offenses resolved in favor of the subject of the data.
new text end

new text begin Nothing in this chapter authorizes the destruction of data. Upon sealing, the data
shall remain accessible to law enforcement and the courts.
new text end

Sec. 2.

new text begin [609C.02] ARREST DATA NOT LEADING TO A REFERRAL FOR
PROSECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic sealing of arrest data. new text end

new text begin On the expiration of 180 days
from the date of an arrest, arrest data pertaining to the person arrested shall be thereafter
sealed unless the arrest has led to the prosecution of the subject of the data.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility for sealing. new text end

new text begin It is the responsibility of the arresting law
enforcement agency to seal the arrest data in the agency's possession and to notify all
other criminal justice agencies, enumerated in section 13.02, subdivision 3a, to which it
has transmitted the data, including the Bureau of Criminal Apprehension, that the arrest
data has been sealed. Any agency receiving notification shall seal the arrest data in its
possession.
new text end

Sec. 3.

new text begin [609C.03] ARREST AND PROSECUTION DATA NOT LEADING TO
A CHARGE.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic sealing of arrest and prosecution data not leading to
a charge.
new text end

new text begin Upon a declination of charges or upon successful completion of a precharge
diversion program, arrest and prosecution data shall be sealed.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility for sealing. new text end

new text begin It is the responsibility of the prosecuting
agency to seal the prosecution data pertaining to the action and to notify the superintendent
of the Bureau of Criminal Apprehension, and the heads of all appropriate law enforcement
agencies that the records related to the action shall be sealed.
new text end

Sec. 4.

new text begin [609C.04] DATA ON OFFENSES RESOLVED IN FAVOR OF AN
INDIVIDUAL.
new text end

new text begin Subdivision 1. new text end

new text begin Automatic sealing of data resolved in favor of an individual.
new text end

new text begin Upon a favorable resolution as defined in subdivision 3, all criminal justice agency and
court records pertaining to the action shall be sealed, unless the prosecuting attorney
upon motion with not less than five days' notice to the person or the person's attorney
demonstrates to the satisfaction of the court that the interests of justice require otherwise,
or the court on its own motion with not less than five days' notice to the person or the
person's attorney determines that the interests of justice require otherwise and states the
reasons for such determination on the record.
new text end

new text begin Subd. 2. new text end

new text begin Responsibility for sealing. new text end

new text begin Upon a favorable resolution as defined in
subdivision 3, it shall be the responsibility of the court administrator to seal the judicial
records pertaining to the action and to notify the superintendent of the Bureau of Criminal
Apprehension, the Department of Corrections, the prosecuting authority, and the heads of
all appropriate law enforcement agencies and, unless the court has directed otherwise, that
the criminal justice agency records related to the action shall be sealed.
new text end

new text begin Subd. 3. new text end

new text begin Resolutions resulting in automatic sealing. new text end

new text begin For purposes of subdivision
1, a favorable resolution means:
new text end

new text begin (1) charges against a person were dismissed without a plea of guilt;
new text end

new text begin (2) the person was acquitted;
new text end

new text begin (3) charges against the person were dismissed pursuant to a continuance for
dismissal or a stay of adjudication;
new text end

new text begin (4) charges against the person were dismissed upon successful completion of a
pretrial diversion program with or without a plea of guilt; or
new text end

new text begin (5) there was dismissal and discharge of proceedings against a person under section
152.18.
new text end

new text begin Subd. 4. new text end

new text begin Motion for sealing. new text end

new text begin A person whose criminal action was favorable
resolved as set forth in subdivision 3, but prior to the effective date of this law, may upon
motion, with not less than 30 days' notice to the appropriate prosecuting authority, apply
for an order to seal the criminal justice agency and court records relating to the action.
new text end

Sec. 5.

new text begin [609C.05] DISSEMINATION AND RETENTION OF SEALED DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Sealed data may be transmitted between criminal justice agencies
and the courts.
new text end

new text begin Data sealed pursuant to this chapter may be transmitted between and
among criminal justice agencies, as defined in section 13.02, subdivision 3a, and the courts.
new text end

new text begin Subd. 2. new text end

new text begin Disclosure prohibited. new text end

new text begin The existence of a sealed criminal record shall
not be revealed unless allowed by subdivision 1 or to evaluate a prospective employee
in a criminal justice agency. Sealed records must not be destroyed or returned to the
subject of the record.
new text end

Sec. 6.

new text begin [609C.06] EFFECT OF SEALING.
new text end

new text begin Subdivision 1. new text end

new text begin Unlawful discriminatory practice. new text end

new text begin It is an unlawful discriminatory
practice, unless specifically required or permitted by statute, for any person, agency,
bureau, corporation, or association, including the state and any political subdivision of the
state, to make any inquiry about, whether in any form of application or otherwise, or to
act upon adversely to the individual involved, any sealed or expunged criminal record
in connection with the licensing, employment, or providing of credit or insurance to
the individual. The provisions of this section do not apply to the licensing activities of
governmental bodies in relation to the regulation of guns, firearms, and other deadly
weapons or in relation to an application for employment as a police officer or peace officer.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin An application for employment used by an employer which
seeks information concerning prior arrests or convictions of the applicant must state that
the request for information does not apply to sealed or expunged criminal records.
new text end

Sec. 7.

new text begin [609C.07] EXCEPTIONS TO CHAPTER 609C.
new text end

new text begin Subdivision 1. new text end

new text begin Domestic abuse data. new text end

new text begin This chapter does not apply to domestic
abuse data, as defined in section 13.82, subdivision 5, and to court and prosecution data
related to a domestic abuse charge.
new text end

new text begin Subd. 2. new text end

new text begin Data for crime victims. new text end

new text begin This chapter does not apply to data for crime
victims as defined in section 13.82, subdivision 13.
new text end

new text begin Subd. 3. new text end

new text begin Other exceptions. new text end

new text begin This chapter does not apply to arrests or charges for
crimes listed in section 364.09, paragraph (a), clauses (1) to (3).
new text end

Sec. 8.

new text begin [609C.08] EFFECT ON EXISTING STATUTORY EXPUNGEMENT
OR SEALING LAWS.
new text end

new text begin The provisions of this chapter must not be construed to affect or repeal chapter
609A or section 299C.11.
new text end

Sec. 9.

new text begin [609C.09] BUSINESS SCREENING SERVICES; REMOVABLE AND
UNREPORTABLE DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "business screening
service" means a person engaged in whole or in part in the practice of collecting,
assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating
to third parties, background information on individuals that includes records of arrests,
citations, criminal proceedings, or convictions involving the individual.
new text end

new text begin Subd. 2. new text end

new text begin Correction and deletion of records. new text end

new text begin (a) If the completeness or accuracy
of a record involving an arrest, citation, criminal proceeding, or conviction maintained by
a business screening service is disputed by the individual who is the subject of the record,
the screening service shall, without charge, investigate the disputed record.
new text end

new text begin (b) In conducting an investigation, the business screening service shall review and
consider all relevant information submitted by the subject of the record with respect to
the disputed record.
new text end

new text begin (c) If, after an investigation, the disputed record is found to be inaccurate or
incomplete, the business screening service shall modify the record.
new text end

new text begin (d) If, after an investigation, the disputed record is found to be sealed, expunged, or
pardoned, the business screening agency shall promptly delete the record.
new text end

new text begin (e) A business screening service may terminate an investigation of a disputed
record if the business screening agency determines that the dispute is frivolous or
irrelevant, including by reason of a failure by the subject of the record to provide sufficient
information to investigate the disputed record. Upon making a determination that the
dispute is frivolous or irrelevant, the business screening service shall state the specific
reasons why it has determined that the dispute is frivolous or irrelevant and provide a
description of any information required to investigate the disputed record.
new text end

new text begin (f) The business screening service shall notify the subject of the record of the
modification, deletion, or termination of the investigation related to the disputed record
within a 30-day period beginning on the date on which the agency receives the notice of
the dispute from the subject of the record.
new text end

new text begin Subd. 3. new text end

new text begin Remedy. new text end

new text begin A business screening service that violates this section is liable
to the individual who is the subject of the record for a penalty of $10,000 or actual
damages caused by the violation, whichever is greater, plus costs and disbursements and
reasonable attorney fees.
new text end