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Office of the Revisor of Statutes

HF 2576

7th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/12/2014 02:04pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to criminal justice; modifying provisions governing expungement of
criminal records; requiring business screening services to delete expunged
records; allowing expungement of eviction records in certain cases; amending
Minnesota Statutes 2012, sections 245C.22, subdivision 7; 245C.23, subdivision
1; 260B.198, subdivision 6; 332.70, by adding a subdivision; 504B.345,
subdivision 1; 609A.02, subdivision 3; 609A.03, subdivisions 1, 3, 5, 7, 8,
by adding subdivisions; 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 2012, section 245C.22, subdivision 7, is amended to read:


Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46,new text begin except
as provided in paragraph (f),
new text end upon setting aside a disqualification under this section, the
identity of the disqualified individual who received the set-aside and the individual's
disqualifying characteristics are public data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2
.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted, except as provided
under section 13.46, subdivision 4;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect;

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27
; or

(5) the disqualified individual is a household member of a licensed foster care
provider and:

(i) the disqualified individual previously received foster care services from this
licensed foster care provider;

(ii) the disqualified individual was subsequently adopted by this licensed foster
care provider; and

(iii) the disqualifying act occurred before the adoption.

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

new text begin (f) When the commissioner has reason to know that a disqualified individual has
received an order for expungement for the disqualifying record that does not limit the
commissioner's access to the record, and the record was opened or exchanged with the
commissioner for purposes of a background study under this chapter, the data that would
otherwise become public under paragraph (a) or (b) remain private data.
new text end

Sec. 2.

Minnesota Statutes 2012, section 245C.23, subdivision 1, is amended to read:


Subdivision 1.

Disqualification that is rescinded or set aside.

new text begin(a) new text endIf the
commissioner rescinds or sets aside a disqualification, the commissioner shall notify the
applicant, license holder, or other entity in writing or by electronic transmission of the
decision.

new text begin (b)new text end In the notice from the commissioner that a disqualification has been rescinded,
the commissioner must inform the applicant, license holder, or other entity that the
information relied upon to disqualify the individual was incorrect.

new text begin (c) Except as provided in paragraph (d), new text end in the notice from the commissioner
that a disqualification has been set aside, the commissioner must inform the applicant,
license holder, or other entity of the reason for the individual's disqualification and that
information about which factors under section 245C.22, subdivision 4, were the basis
of the decision to set aside the disqualification are available to the license holder upon
request without the consent of the background study subject.

new text begin (d) When the commissioner has reason to know that a disqualified individual has
received an order for expungement for the disqualifying record that does not limit the
commissioner's access to the record, and the record was opened or exchanged with the
commissioner for purposes of a background study under this chapter, the information
provided under paragraph (c) must only inform the applicant, license holder, or other
entity that the disqualifying criminal record is sealed under a court order.
new text end

Sec. 3.

Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to read:


Subd. 6.

Expungement.

deleted text beginExcept when legal custody is transferred under the
provisions of subdivision 1, clause (4),
deleted text endnew text begin (a)new text end The court may expunge deleted text beginthe adjudication
of
deleted text end new text beginall records relating to new text enddelinquency at any time deleted text beginthat it deems advisabledeleted text endnew text begin if the court
determines that expungement of the record would yield a benefit to the subject of the
record that outweighs the detriment to the public and public safety in sealing the record
and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
and monitoring the order
new text end.

new text begin (b) In making a determination under this subdivision, the court shall consider:
new text end

new text begin (1) the age, education, experience, and background, including mental and emotional
development, of the subject of the record at the time of commission of the offense;
new text end

new text begin (2) the circumstances and nature and severity of the offense, including any
aggravating or mitigating factors in the commission of the offense;
new text end

new text begin (3) victim and community impact, including age and vulnerability of the victim;
new text end

new text begin (4) the level of participation of the subject of the record in the planning and carrying
out of the offense, including familial or peer influence in the commission of the offense;
new text end

new text begin (5) the juvenile delinquency and criminal history of the subject of the record;
new text end

new text begin (6) the programming history of the subject of the record, including child welfare,
school and community-based, and probation interventions, and the subject's willingness to
participate meaningfully in programming, probation, or both;
new text end

new text begin (7) any other aggravating or mitigating circumstance bearing on the culpability or
potential for rehabilitation of the subject of the record; and
new text end

new text begin (8) the benefit that expungement would yield to the subject of the record in pursuing
education, employment, housing, or other necessities.
new text end

new text begin (c) A record expunged under this subdivision prior to the effective date of this act
may not be opened or exchanged. A record expunged under this subdivision on or after
the effective date of this act is sealed and access only allowed pursuant to paragraph (d).
new text end

new text begin (d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
on or after the effective date of this act may be opened, used, or exchanged between
criminal justice agencies in the same manner as a criminal record under section 609A.03,
subdivision 7a, paragraph (b).
new text end

new text begin (e) Section 609A.03, subdivision 3, paragraph (d), applies to the disclosure of private
or confidential data in a proceeding under this subdivision. Section 609A.03, subdivision
9, applies to an appeal of an order under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Deletion of expunged records. new text end

new text begin If a business screening service knows that
a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
service shall promptly delete the record.
new text end

Sec. 5.

Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order
to vacate for an eviction action brought under section 504B.171 or on the basis that the
tenant is causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property.

(c) If the court or jury finds for the defendantdeleted text begin,deleted text endnew text begin:
new text end

new text begin(1) new text endthe court shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendantnew text begin; and
new text end

new text begin (2) the court may expunge the records relating to the action under the provisions of
section 484.014 or under the court's inherent authority at the time judgment is entered or
after that time upon motion of the defendant
new text end.

(d) Except in actions brought: (1) under section 504B.291 as required by section
609.5317, subdivision 1; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family,
the court shall stay the writ of recovery of premises and order to vacate for a reasonable
period, not to exceed seven days.

Sec. 6.

Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:


Subd. 3.

Certain criminal proceedings deleted text beginnot resulting in convictiondeleted text end.

new text begin(a) new text endA 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 ifnew text begin:new text end

new text begin (1) new text endall 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 petitionerdeleted text begin.deleted text endnew text begin;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (b) Paragraph (a), clause (5), applies to the following offenses:
new text end

new text begin (1) section 35.824 (altering livestock certificate);
new text end

new text begin (2) section 62A.41 (insurance regulations);
new text end

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

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

new text begin (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);
new text end

new text begin (6) chapter 201; 203B; or 204C (voting violations);
new text end

new text begin (7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
new text end

new text begin (8) section 256.984 (false declaration in assistance application);
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (23) 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);
new text end

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

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

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

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

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

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

new text begin (30) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
(a) (criminal damage to property);
new text end

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

new text begin (32) 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);
new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (49) 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
new text end

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

new text begin (c) Paragraph (a), clause (3) or (4), does not apply if the crime involved domestic
abuse or sexual assault, as defined in section 518B.01, subdivision 2, or to violation of
an order for protection under section 518B.01, subdivision 14, a harassment restraining
order under section 609.748, subdivision 6, a violation of section 609.749, or a violation
of section 629.75. This paragraph expires on July 15, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 7.

new text begin [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
PROSECUTOR AGREEMENT AND NOTIFICATION.
new text end

new text begin (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 end

new text begin (b) 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.
new text end

new text begin (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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 8.

Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:


Subdivision 1.

Petition; filing fee.

An individual who is the subject of a criminal
record who is seeking the expungement of the record shall file a petition under this section
and pay a filing fee in the amount required under section 357.021, subdivision 2, clause
(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
described in section 609A.02, subdivision 3new text begin, paragraph (a), clause (1)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 9.

Minnesota Statutes 2012, section 609A.03, subdivision 3, is amended to read:


Subd. 3.

Service of petition and proposed order.

(a) The petitioner shall serve by
mail the petition for expungement and a proposed expungement order on the prosecutorial
office that had jurisdiction over the offense for which expungement is sought and all
other state and local government agencies and jurisdictions whose records would be
affected by the proposed order. The petitioner shall also serve by mail the attorney for
each agency and jurisdiction.

(b) The prosecutorial office that had jurisdiction over the offense for which
expungement is sought shall serve by mail the petition for expungement and a proposed
expungement order on any victims of the offense for which expungement is sought who
have requested notice of expungement pursuant to section 611A.06. Service under this
paragraph does not constitute a violation of an existing order for protection, restraining
order, or other no contact order.

(c) The prosecutorial office's notice to victims of the offense under this subdivision
must specifically inform the victims of the victims' right to be present and to submit an
oral or written statement at the expungement hearing described in subdivision 4.

new text begin (d) An agency or jurisdiction that is served with a petition under this subdivision
may submit to the court private or confidential data on the petitioner that the agency or
jurisdiction determines is necessary to respond to the petition. As part of the submission,
the agency or jurisdiction shall inform the court and the petitioner that the submission
contains private or confidential data that may become accessible to the public as part of
the expungement proceeding. The petitioner may, at the time of filing the petition or after
that time, file a request with the court to seal the private or confidential data that are
submitted by the agency or jurisdiction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2012, 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 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 3new text begin, paragraph (a),
clause (1) or (2)
new text end, 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.

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

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

new text begin (2) the risk, if any, the petitioner poses to individuals or society;
new text end

new text begin (3) the length of time since the crime occurred;
new text end

new text begin (4) the steps taken by the petitioner toward rehabilitation following the crime;
new text end

new text begin (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;
new text end

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

new text begin (7) the petitioner's criminal record;
new text end

new text begin (8) the petitioner's record of employment and community involvement;
new text end

new text begin (9) the recommendations of interested law enforcement, prosecutorial, and
corrections officials;
new text end

new text begin (10) the recommendations of victims or whether victims of the underlying crime
were minors;
new text end

new text begin (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
new text end

new text begin (12) other factors deemed relevant by the court.
new text end

deleted text begin (c)deleted text endnew text begin (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary,new text end 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.

new text begin (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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 11.

Minnesota Statutes 2012, section 609A.03, is amended by adding a
subdivision to read:


new text begin Subd. 6a. new text end

new text begin Order when context and circumstances of the underlying crime
indicate a nexus between the criminal record to be expunged and person's status as a
crime victim.
new text end

new text begin If the court finds, under section 609A.03, subdivision 5, paragraph (c), clause
(5), that 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, then the effect
of the court order to seal the record of the proceedings shall be to restore the person, in the
contemplation of the law, to the status the person occupied before the arrest, indictment,
or information. The person shall not be guilty of perjury or otherwise of giving a false
statement if the person fails to acknowledge the arrest, indictment, information, or trial in
response to any inquiry made for any purpose. The court may request a sworn statement
from a staff member of a state-funded victim services organization or a licensed health
care provider as evidence to support a determination under section 609A.03, subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 12.

Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:


Subd. 7.

Limitations of order.

(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) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;

(2) 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; and

(3) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the court order for expungement is directed
specifically to the commissioner of human services.

Upon request by law enforcement, prosecution, or corrections authorities, an agency
or jurisdiction subject to an expungement order shall inform the requester of the existence
of a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.

new text begin (c) This subdivision applies to expungement orders subject to its limitations and
effective before January 1, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 13.

Minnesota Statutes 2012, section 609A.03, is amended by adding a
subdivision to read:


new text begin Subd. 7a. new text end

new text begin Limitations of order. new text end

new text begin (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.
new text end

new text begin (b) Notwithstanding the issuance of an expungement order:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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 Board of Teaching or the licensing division of
the Department of Education; and
new text end

new text begin (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 end

new text begin (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 Board of Teaching, 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 Board
of Teaching, or the licensing division of the Department of Education under paragraph
(b), clause (4) or (5).
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (g) This subdivision applies to expungement orders subject to its limitations and
effective on or after January 1, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 14.

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


Subd. 8.

Distribution new text beginand confirmation new text endof expungement orders.

new text begin(a) new text endThe court
administrator shall send a copy of an expungement order to each agency and jurisdiction
whose records are affected by the terms of the ordernew text begin and send a letter to the petitioner
identifying each agency that received the order.
new text end

new text begin (b) If requested in the petition, each agency and jurisdiction receiving the order must
send a letter to the petitioner at an address provided in the petition confirming the receipt
of the expungement order and that the record has been expunged.
new text end

new text begin (c) Data on the petitioner in a letter sent under this subdivision are private data
on individuals as defined in section 13.02
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 15.

new text begin [609A.04] REMEDY.
new text end

new text begin An individual whose record is expunged under this chapter or other law may bring
an action under section 13.08 against a government entity that knowingly opens or
exchanges the expunged record in a manner not authorized by law.
new text end