HF 2723

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 04:45pm

A bill for an act
relating to public safety; authorizing the expungement of criminal records
for certain individuals who have received stays of adjudication or diversion;
authorizing expungements without petitions in certain cases where charges
were dismissed against a person upon prosecutorial approval and with victim
notification; requiring persons petitioning for an expungement to provide a copy
of the criminal complaint or police report; authorizing the opening of certain
expunged records without a court hearing; amending Minnesota Statutes 2010,
sections 609A.02, subdivision 3; 609A.03, subdivisions 2, 7; 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 2010, section 609A.02, subdivision 3, is amended to
read:

Subd. 3.

Certain criminal proceedings not resulting in conviction.

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 new text begin :
new text end

new text begin (1) new text end 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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2)(i) the prosecutor agrees to the sealing of the records; (ii) the petitioner has
successfully completed the terms of a diversion program or stay of adjudication that was
agreed to by the prosecutor; and (iii) the petitioner has not been charged with a new crime
for at least one year since completion of the diversion program or stay of adjudication.
This clause does not apply to felony-level crimes of violence as defined in section
624.712, subdivision 5, that are codified in chapter 609.
new text end

Sec. 2.

new text begin [609A.025] EXPUNGEMENT FOR CASES INVOLVING DIVERSION
AND STAYS OF ADJUDICATION; NO PETITION REQUIRED WITH
PROSECUTOR AGREEMENT AND VICTIM NOTIFICATION.
new text end

new text begin (a) Upon agreement of the prosecutor, the court shall seal the criminal record for
a person described in section 609A.02, subdivision 3, clause (2), 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 inform any identifiable victims of the offense of the intended
prosecutorial 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
under this section may occur before or after the criminal charges are dismissed.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609A.03, subdivision 2, is amended to read:

Subd. 2.

Contents of petition.

(a) A petition for expungement shall be signed under
oath by the petitioner and shall state the following:

(1) the petitioner's full name and all other legal names or aliases by which the
petitioner has been known at any time;

(2) the petitioner's date of birth;

(3) all of the petitioner's addresses from the date of the offense or alleged offense in
connection with which an expungement order is sought, to the date of the petition;

(4) why expungement is sought, if it is for employment or licensure purposes, the
statutory or other legal authority under which it is sought, and why it should be granted;

(5) the details of the offense or arrest for which expungement is sought, including
the date and jurisdiction of the occurrence, either the names of any victims or that there
were no identifiable victims, whether there is a current order for protection, restraining
order, or other no contact order prohibiting the petitioner from contacting the victims or
whether there has ever been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims, the court file number, and the date of conviction
or of dismissal;

(6) in the case of a conviction, what steps the petitioner has taken since the time of
the offense toward personal rehabilitation, including treatment, work, or other personal
history that demonstrates rehabilitation;

(7) petitioner's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the arrest or conviction for which expungement is sought;

(8) petitioner's criminal charges record indicating all prior and pending criminal
charges against the petitioner in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for adjudication, or have been the
subject of pretrial diversion; and

(9) all prior requests by the petitioner, whether for the present offense or for any
other offenses, in this state or any other state or federal court, for pardon, return of arrest
records, or expungement or sealing of a criminal record, whether granted or not, and all
stays of adjudication or imposition of sentence involving the petitioner.

(b) If there is a current order for protection, restraining order, or other no contact
order prohibiting the petitioner from contacting the victims or there has ever been a prior
order for protection or restraining order prohibiting the petitioner from contacting the
victims, the petitioner shall attach a copy of the order to the petition.

new text begin (c) Where practicable, the petitioner shall attach to the petition a copy of the
complaint or the police report for the offense or offenses for which expungement is sought.
new text end

Sec. 4.

Minnesota Statutes 2010, 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 deleted text begin criminal deleted text end new text begin law enforcement new text end
investigation, deleted text begin prosecution, or sentencing, deleted text end upon an ex parte court order;

new text begin (2) an expunged record may be opened upon request by a prosecutor for criminal
justice purposes, or a probation officer for sentencing purposes, without a court order;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end an expunged record of a conviction new text begin or delinquency proceeding new text end may be
opened for purposes of evaluating a prospective employee in a criminal justice agency
without a court order; and

deleted text begin (3) deleted text end new text begin (4) new text end an expunged record of a conviction new text begin or delinquency proceeding new text end 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.

Sec. 5. new text begin COSTS ASSOCIATED WITH ACT.
new text end

new text begin The Department of Public Safety shall absorb any state costs incurred as a result of
this act within its existing budget.
new text end