HF 2023

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/21/2023 10:23am

A bill for an act
relating to public safety; establishing the Clean Slate Act; providing for an
automatic expungement process for certain offenders; modifying the waiting
periods for expungements that require a petition; amending the offenses that are
eligible for expungement; modifying the records received and retained by the
Bureau of Criminal Apprehension; requiring creation of a database; classifying
data; appropriating money; amending Minnesota Statutes 2022, sections 13.871,
subdivision 14; 152.18, subdivision 1; 299C.10, subdivision 1; 299C.111; 299C.17;
609A.01; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7a, 9; 611A.03,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 299C;
609A.

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

ARTICLE 1

EXPUNGEMENT WITHOUT PETITION

Section 1.

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) 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) if the person was arrested and all charges were dismissed after a case was filed unless
dismissal was based on a finding that the defendant was incompetent to proceed;
new text end

new text begin (2) 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; or
new text end

new text begin (3) if all pending actions or proceedings were resolved in favor of the person.
new text end

new text begin (b) 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 for a qualifying offense that is not a felony and has not been
petitioned or charged with a new offense, other than an offense that would be a petty
misdemeanor, 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; pardon. new text end

new text begin A person is eligible for a grant of expungement relief if
the person receives a pardon extraordinary under chapter 638.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility; certain criminal 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 convicted of a qualifying offense;
new text end

new text begin (2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
new text end

new text begin (i) during the applicable waiting period immediately following discharge of the disposition
or sentence for the crime; or
new text end

new text begin (ii) for a consecutive period of time immediately preceding a subsequent review
performed pursuant to subdivision 7, paragraph (a), that is equal to or greater than the
applicable waiting period; and
new text end

new text begin (3) is not charged with an offense in Minnesota at the time the person reaches the end
of the applicable waiting period or at the time of a subsequent review.
new text end

new text begin (b) As used in this subdivision, "qualifying offense" means a conviction 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 or a violation of section 152.027, subdivision
4;
new text end

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

new text begin (i) section 152.027, subdivision 3 or 4;
new text end

new text begin (ii) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);
new text end

new text begin (iii) section 518B.01, subdivision 14 (violation of an order for protection);
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 609.748 (violation of a harassment restraining order);
new text end

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

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

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

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

new text begin (xi) 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.25 (second-degree driving while impaired);
new text end

new text begin (ii) section 169A.26 (third-degree driving while impaired);
new text end

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

new text begin (iv) section 609.2113, subdivision 3 (criminal vehicular operation);
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b).
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, two years since discharge of the sentence;
new text end

new text begin (2) if the offense was a misdemeanor, two years since discharge of the sentence for the
crime;
new text end

new text begin (3) if the offense was a gross misdemeanor, three years since discharge of the sentence
for the crime;
new text end

new text begin (4) if the offense was a felony violation of section 152.025, four years since the discharge
of the sentence for the crime; and
new text end

new text begin (5) if the offense was any other felony, five years since discharge of the sentence for the
crime.
new text end

new text begin (d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin (a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges 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; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
new text end

new text begin (b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
new text end

new text begin (c) If any party gives notification under this subdivision, the notification shall inform
the person that:
new text end

new text begin (1) 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 as required
under section 122A.18, subdivision 8; and
new text end

new text begin (2) the person can file a petition to expunge the record and request that the petition be
directed to the commissioner of human services and the Professional Educator Licensing
and Standards Board.
new text end

new text begin Subd. 6. 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 any records
that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1,
2, 3, 4, or 5. The Bureau of Criminal Apprehension shall make an initial determination of
eligibility within 30 days of the end of the applicable waiting period. If a record is not
eligible for a grant of expungement at the time of the initial determination, the Bureau of
Criminal Apprehension shall make subsequent eligibility determinations annually until the
record is eligible for a grant of expungement.
new text end

new text begin (b) In making the determination under paragraph (a), the Bureau of Criminal
Apprehension shall identify individuals who are the subject of relevant records through the
use of finger and thumb prints where finger and thumb prints are available. Where finger
and thumb prints are not available, the Bureau of Criminal Apprehension shall identify
individuals through the use of the person's name and date of birth. Records containing the
same name and date of birth shall be presumed to refer to the same individual unless other
evidence establishes, by a preponderance of the evidence, that they do not refer to the same
individual. The Bureau of Criminal Apprehension is not required to review any other
evidence in making a determination.
new text end

new text begin (c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.
new text end

new text begin (d) 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 (e) 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 and shall issue any order deemed necessary to achieve this
purpose.
new text end

new text begin (f) Unless an order issued under paragraph (e) notifies the law enforcement agency that
made the arrest or issued the citation, the Bureau of Criminal Apprehension shall inform
each arresting or citing law enforcement agency whose records are affected by the grant of
expungement relief that expungement has been granted. Notification shall be made at the
time and under the conditions described in paragraph (c), except that notice may be sent in
real time or in the form of a monthly report sent no more than 30 days after the expiration
of the deadline established in paragraph (c). Notification may be through electronic means.
Each notified law enforcement 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 (g) Data on the person whose offense has been expunged under this subdivision, including
any notice sent pursuant to paragraph (f), are private data on individuals as defined in section
13.02, subdivision 12.
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, modify, or update a
system to provide criminal justice agencies with uniform statewide access to criminal records
sealed by expungement.
new text end

new text begin Subd. 7. new text end

new text begin Immunity from civil liability. new text end

new text begin Employees of the Bureau of Criminal
Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or
the decision to exercise or the decision to decline to exercise, the powers granted by this
section or for any act or omission occurring within the scope of the performance of their
duties under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to offenses
that meet the eligibility criteria on or after that date and retroactively to offenses that met
those qualifications before January 1, 2025, and are stored in the Bureau of Criminal
Apprehension's criminal history system as of January 1, 2025.
new text end

ARTICLE 2

EXPUNGEMENT BY PETITION

Section 1.

Minnesota Statutes 2022, 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 deleted text begin or received a stayed sentence for deleted text end 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 deleted text begin or received a stayed sentence for deleted text end a gross misdemeanor
and has not been convicted of a new crime for at least deleted text begin four deleted text end new text begin three new text end years since discharge of
the sentence for the crime; deleted text begin or
deleted text end

new text begin (5) the petitioner was convicted of a felony violation of section 152.025 and has not
been convicted of a new crime for at least four years since discharge of the sentence for the
crime;
new text end

new text begin (6) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor
or misdemeanor pursuant to section 609.13, subdivision 1, and has not been convicted of a
new crime for at least five years since discharge of the sentence for the crime; or
new text end

deleted text begin (5) deleted text end new text begin (7) new text end the petitioner was convicted of deleted text begin or received a stayed sentence for deleted text end a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
deleted text begin five deleted text end new text begin four new text end years since discharge of the sentence for the crime.

(b) Paragraph (a), clause deleted text begin (5) deleted text end new text begin (7) new text end , 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) section 256.984 (false declaration in assistance application);

(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);

(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);

(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);

(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices
and solicitations);

(13) section 346.155, subdivision 10 (failure to control regulated animal);

(14) section 349.2127; or 349.22 (gambling regulations);

(15) section 588.20 (contempt);

(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);

(17) section 609.31 (leaving state to evade establishment of paternity);

(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);

(19) section 609.49 (failure to appear in court);

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

new text begin (21) section 609.521 (possession of shoplifting gear);
new text end

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), and subdivision 1a, paragraph
(a) (criminal damage to property);

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 July 1, 2023, and applies to all offenses
that meet the eligibility criteria on or after that date.
new text end

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2022, section 13.871, subdivision 14, is amended to read:

Subd. 14.

Expungement petitions.

new text begin (a) new text end Provisions regarding the classification and sharing
of data contained in a petition for expungement of a criminal record are included in section
609A.03.

new text begin (b) Provisions regarding the classification and sharing of data related to automatic
expungements are included in sections 299C.097 and 609A.015.
new text end

Sec. 2.

Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

(a) A
court may defer prosecution as provided in paragraph (c) for any person found guilty, after
trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d),
for possession of a controlled substance, who:

(1) has not previously participated in or completed a diversion program authorized under
section 401.065;

(2) has not previously been placed on probation without a judgment of guilty and
thereafter been discharged from probation under this section; and

(3) has not been convicted of a felony violation of this chapter, including a felony-level
attempt or conspiracy, or been convicted by the United States or another state of a similar
offense that would have been a felony under this chapter if committed in Minnesota, unless
ten years have elapsed since discharge from sentence.

(b) The court must defer prosecution as provided in paragraph (c) for any person found
guilty of a violation of section 152.025, subdivision 2, who:

(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and

(2) has not previously been convicted of a felony offense under any state or federal law
or of a gross misdemeanor under section 152.025.

(c) In granting relief under this section, the court shall, without entering a judgment of
guilty and with the consent of the person, defer further proceedings and place the person
on probation upon such reasonable conditions as it may require and for a period, not to
exceed the maximum sentence provided for the violation. The court may give the person
the opportunity to attend and participate in an appropriate program of education regarding
the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation
of a condition of the probation, the court may enter an adjudication of guilt and proceed as
otherwise provided. The court may, in its discretion, dismiss the proceedings against the
person and discharge the person from probation before the expiration of the maximum
period prescribed for the person's probation. If during the period of probation the person
does not violate any of the conditions of the probation, then upon expiration of the period
the court shall discharge the person and dismiss the proceedings against that person.
Discharge and dismissal under this subdivision shall be without court adjudication of guilt,
but a not public record of it shall be retained by the Bureau of Criminal Apprehension for
the purpose of use by the courts in determining the merits of subsequent proceedings against
the person. The not public record may also be opened only upon court order for purposes
of a criminal investigation, prosecution, or sentencing. new text begin Upon receipt of notice that the
proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting
or citing law enforcement agency and direct that agency to seal its records related to the
charge. new text end Upon request by law enforcement, prosecution, or corrections authorities, the bureau
shall notify the requesting party of the existence of the not public record and the right to
seek a court order to open it pursuant to this section. The court shall forward a record of
any discharge and dismissal under this subdivision to the bureau which shall make and
maintain the not public record of it as provided under this subdivision. The discharge or
dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section 13.02,
subdivision 8a.

Sec. 3.

new text begin [299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE
FOR EXPUNGEMENT.
new text end

new text begin (a) The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to petty misdemeanor and misdemeanor offenses that
may become eligible for expungement pursuant to section 609A.015 and which do not
require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in
the criminal history system.
new text end

new text begin (b) This data is private data on individuals under section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 299C.10, subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately finger and thumb prints, photographs, distinctive physical mark
identification data, information on any known aliases or street names, and other identification
data requested or required by the superintendent of the bureau, of the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation), new text begin 609.749 (obscene or harassing telephone
calls), new text end 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).

Sec. 5.

Minnesota Statutes 2022, section 299C.111, is amended to read:

299C.111 SUSPENSE FILE REPORTING.

The superintendent shall immediately notify the appropriate entity or individual when
a disposition record new text begin for a felony, gross misdemeanor, or targeted misdemeanor new text end is received
that cannot be linked to an arrest record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2022, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court which sentences
a defendant for a felony, gross misdemeanor, deleted text begin or targeted deleted text end misdemeanor new text begin , or petty misdemeanor new text end
to electronically transmit within 24 hours of the disposition of the case a report, in a form
prescribed by the superintendent providing information required by the superintendent with
regard to the prosecution and disposition of criminal cases. A copy of the report shall be
kept on file in the office of the court administrator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, 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, 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 January 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2022, 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 January 1, 2025.
new text end

Sec. 9.

Minnesota Statutes 2022, 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), 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; 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 deleted text begin . deleted text end 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 or the
Professional Educator Licensing and Standards Board 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 or the Professional Educator Licensing and Standards
Board 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 , and grants of expungement relief issued on or after January 1,
2025 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 10.

Minnesota Statutes 2022, 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 January 1, 2025.
new text end

Sec. 11.

Minnesota Statutes 2022, 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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to plea
agreements entered into on or after that date.
new text end

ARTICLE 4

APPROPRIATION

Section 1. new text begin SUPREME COURT; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the supreme court to seal records of any case in which expungement relief was
granted pursuant to Minnesota Statutes, section 609A.015, and to issue any order deemed
necessary to achieve this purpose. Money may be used to acquire, update, or modify relevant
information technology systems; hire staff including retired judges to perform necessary
record review; and to pay for any other necessary administrative costs.
new text end