HF 1928

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:52pm

A bill for an act
relating to expungement; requiring that certain nonconviction records be
automatically expunged or destroyed; amending Minnesota Statutes 2012, section
609A.03, subdivision 8; Minnesota Statutes 2013 Supplement, section 299C.11,
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.

Minnesota Statutes 2013 Supplement, section 299C.11, subdivision 1, is
amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name and
date of birth, other than those listed on the criminal history, the bureau shall convert into
an electronic format, if necessary, and enter into a bureau-managed searchable database
the new identifying information when supported by fingerprints within three business days
of learning the information if the information is not entered by a law enforcement agency.

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency deleted text begin shall, upon demand deleted text end , new text begin after giving
the person 30 days' notice, must new text end destroy the arrested person's finger and thumb prints,
photographs, distinctive physical mark identification data, information on known aliases
and street names, and other identification data, and all copies and duplicates of them.
new text begin Upon timely demand, the bureau or agency must return the person's records and provide
paper copies of electronic records to the person. If the person requests copies of electronic
records, the electronic records must be destroyed no later than five days after the agency
provides copies to the person. The bureau and each agency and jurisdiction required to
destroy records under this section must send a letter to the person confirming that the
records were destroyed.
new text end

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 2.

Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:

Subd. 8.

Distribution of expungement orders.

new text begin (a) new text end The court administrator shall
send a copy of an expungement order to each agency and jurisdiction whose records are
affected by the terms of the order.

new text begin (b) The court shall send a letter to the petitioner identifying each agency and
jurisdiction that received notice under this subdivision.
new text end

new text begin (c) The court and each agency and jurisdiction receiving notice under this section
must send a letter to the petitioner confirming that the records were expunged.
new text end

Sec. 3.

new text begin [609A.04] AUTOMATIC EXPUNGEMENT.
new text end

new text begin (a) Except as provided in paragraph (b), the court and each agency that holds records
related to actions or proceedings resolved in favor of a defendant under section 609A.02,
subdivision 3, must expunge the records upon resolution of the action or proceeding. No
petition under section 609A.03 is required to initiate expungement of records covered
under this section.
new text end

new text begin (b) The court and each agency that holds records related to actions dismissed, either
on motion of the court or the prosecutor, shall destroy the records within 30 days of the
dismissal.
new text end

new text begin (c) Upon final resolution of an action or proceeding in favor of a defendant, the court
must issue an order directing each agency and jurisdiction with records of the defendant's
case to expunge or destroy them as required under this section. The court shall send a copy
of the court's order and a letter to the defendant identifying each agency and jurisdiction
that received the court's order. The defendant may serve the order on, and demand
compliance from, any agency that did not receive a copy of the order from the court and
that the defendant reasonably believes holds records related to the defendant's case.
new text end

new text begin (d) The court and each agency and jurisdiction receiving notice under this section
must send a letter to the defendant confirming that the records were expunged or destroyed.
new text end

new text begin (e) The court shall order an agency that fails to comply with an order issued under
this section to pay the defendant $10,000, plus reasonable attorney fees and court costs
incurred by the defendant in enforcing compliance with the court's order.
new text end