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HF 3816

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2020 04:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing for an automatic expungement process for
certain offenders; providing for prosecutor-initiated expungement; amending
Minnesota Statutes 2018, sections 609A.01; 609A.02, subdivision 3, by adding a
subdivision; 609A.025; 609A.03, subdivisions 1, 5, 7a, 9; 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 2018, 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 beginexpungement is automatic under
section 609A.015, subdivision 1, or
new text enda 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 August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 2.

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 person is eligible for an order of
expungement:
new text end

new text begin (1) 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;
new text end

new text begin (2) the person was arrested and all charges were dismissed prior to a determination of
probable cause; or
new text end

new text begin (3) all pending actions or proceedings were resolved in favor of the person. 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.
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 an
order of expungement if the person has successfully completed the terms of a diversion
program or stay of adjudication and has not been charged with a new crime 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; waiting period. new text end

new text begin (a) A person is eligible for an order of expungement
if the person:
new text end

new text begin (1) was convicted of or received a stayed sentence for a qualifying offense other than
one that may be used to enhance a criminal penalty;
new text end

new text begin (2) has not been convicted of a new crime during the applicable waiting period
immediately following discharge of the sentence for the crime; and
new text end

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

new text begin (b) As used in this subdivision, "qualifying offense" means any petty misdemeanor,
misdemeanor, or gross misdemeanor, and a felony violation of an 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) two years if the offense was a petty misdemeanor or a misdemeanor;
new text end

new text begin (2) four years if the offense was a gross misdemeanor; and
new text end

new text begin (3) five years if the offense was a felony violation of an offense listed in section 609A.02,
subdivision 3, paragraph (b).
new text end

new text begin Subd. 4. new text end

new text begin Eligibility; enhanceable offenses. new text end

new text begin A person is eligible for an order of
expungement if the person:
new text end

new text begin (1) was convicted of or received a stayed sentence for an offense that may be used to
enhance a criminal penalty;
new text end

new text begin (2) has not been convicted of a new crime for ten years immediately following discharge
of the sentence for the crime; and
new text end

new text begin (3) is not incarcerated or charged with a new crime at the time the person reaches the
end of the ten-year waiting period.
new text end

new text begin Subd. 5. new text end

new text begin Bureau of Criminal Apprehension to identify eligible individuals. new text end

new text begin (a) The
Bureau of Criminal Apprehension shall identify convictions that qualify for an order of
expungement pursuant to subdivision 1, 2, 3, or 4.
new text end

new text begin (b) The Bureau of Criminal Apprehension shall notify the judicial branch of:
new text end

new text begin (1) the name and date of birth of an individual whose conviction is eligible for an order
of expungement;
new text end

new text begin (2) the case number of the eligible conviction; and
new text end

new text begin (3) the date on which the conviction became eligible for an order of expungement.
new text end

new text begin (c) The Bureau of Criminal Apprehension shall make a reasonable and good faith effort
to notify any individual whose conviction qualifies for an order of expungement that the
offense qualifies and notice is being sent to the judicial branch.
new text end

new text begin (d) The Bureau of Criminal Apprehension shall make a reasonable and good faith effort
to notify any identifiable victims of the offense that the offense qualifies for an order of
expungement.
new text end

new text begin Subd. 6. new text end

new text begin Order of expungement. new text end

new text begin (a) Upon receiving notice that an offense qualifies
for expungement, or upon entering an order dismissing charges prior to a determination of
probable cause, the court shall issue an order sealing all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge.
new text end

new text begin (b) The requirements, effects, and limitations under section 609A.03, subdivisions 5a,
6, and 7a, apply to an order issued under this section. An order issued under this section
shall not be directed to the commissioner of human services, the Professional Educator
Licensing and Standards Board, or the licensing division of the Department of Education.
new text end

new text begin (c) The court administrator shall send a copy of an expungement order issued under this
section to each agency and jurisdiction whose records are affected by the terms of the order
and send a letter to the last known address of the person whose offense has been expunged
identifying each agency to which the order was sent.
new text end

new text begin (d) The prosecutorial office that had jurisdiction over the offense for which expungement
is granted shall serve by mail the expungement order on any victims of the offense 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.
new text end

new text begin (e) Data on the person whose offense has been expunged 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 August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 609A.02, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Expungement of arrest. new text end

new text begin A petition may be filed under section 609A.03 to
seal all records relating to an arrest if:
new text end

new text begin (1) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment; or
new text end

new text begin (2) the applicable limitations period under section 628.26 has expired, and no indictment
or complaint was found or made and filed against the person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, 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:

deleted text begin (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;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end 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;

deleted text begin (3)deleted text endnew text begin (2)new text end 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;

deleted text begin (4)deleted text endnew text begin (3)new text end 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

deleted text begin (5)deleted text endnew text begin (4)new text end 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.

(b) Paragraph (a), clause deleted text begin(5)deleted text endnew text begin (4)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) 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);

(21) section 609.525 (bringing stolen goods into state);

(22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);

(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);

(24) section 609.53 (receiving stolen goods);

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

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

(27) section 609.551 (rustling and livestock theft);

(28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);

(29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);

(30) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph
(a) (criminal damage to property);

(31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);

(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);

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

(34) section 609.652 (fraudulent driver's license and identification card);

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

(36) section 609.662, subdivision 2, paragraph (b) (duty to render aid);

(37) section 609.686, subdivision 2 (tampering with fire alarm);

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

(39) section 609.80, subdivision 2 (interference with cable communications system);

(40) section 609.821, subdivision 2 (financial transaction card fraud);

(41) section 609.822 (residential mortgage fraud);

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

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

(44) section 609.88 (computer damage); or 609.89 (computer theft);

(45) section 609.893, subdivision 2 (telecommunications and information services fraud);

(46) section 609.894, subdivision 3 or 4 (cellular counterfeiting);

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

(48) section 609.896 (movie pirating);

(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

(50) section 624.7181 (rifle or shotgun in public by minor).

Sec. 5.

Minnesota Statutes 2018, section 609A.025, is amended to read:


609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH
PROSECUTOR AGREEMENT AND NOTIFICATION.

(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 new text begin2a or new text end3, 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 begin The prosecutor shall inform the court whether 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 and, if so, request that the court make the appropriate
findings to support the relief described in section 609A.03, subdivision 6a.
new text end

(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.

(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 deleted text begin(2)deleted text endnew text begin (1)new text end, may
occur before or after the criminal charges are dismissed.

new text begin (d) A prosecutor shall agree to the sealing of a criminal record for a person described
in section 609A.02, subdivision 2a, unless substantial and compelling reasons exist to object
to the sealing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 6.

new text begin [609A.026] PROSECUTOR-INITIATED EXPUNGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Determination of eligibility. new text end

new text begin A prosecutor may initiate a petition to
expunge the criminal record of an individual if:
new text end

new text begin (1) the individual meets the requirements of section 609A.02, subdivision 3; or
new text end

new text begin (2) the individual was convicted of or received a stayed sentence for a felony violation
of an offense other than an offense for which registration is required under section 243.166,
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 Subd. 2. new text end

new text begin Petition; contents; fee. new text end

new text begin (a) A petition for expungement initiated by a prosecutor
shall include the following:
new text end

new text begin (1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;
new text end

new text begin (2) the individual's date of birth;
new text end

new text begin (3) the individual's address and, to the extent possible, all 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;
new text end

new text begin (4) why the prosecutor is seeking expungement for the individual;
new text end

new text begin (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 individual from contacting the victims or whether
there has ever been a prior order for protection or restraining order prohibiting the individual
from contacting the victims; the court file number; and the date of conviction or of dismissal;
new text end

new text begin (6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal history that demonstrates
rehabilitation;
new text end

new text begin (7) the individual'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;
new text end

new text begin (8) the individual'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, stayed for adjudication, or the subject of
pretrial diversion; and
new text end

new text begin (9) to the extent known, all prior requests by the individual, 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.
new text end

new text begin (b) The filing fee for a petition brought under this section shall be waived.
new text end

new text begin Subd. 3. new text end

new text begin Service of petition and proposed order. new text end

new text begin (a) The prosecutor shall serve by
mail the petition for expungement and a proposed expungement order on the individual on
whose behalf the petition is being brought and all state and local government agencies and
jurisdictions whose records would be affected by the proposed order.
new text end

new text begin (b) The prosecutor 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.
new text end

new text begin (c) 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 section 609A.03, subdivision 4.
new text end

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 individual on whose behalf the petition
is being brought 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, the
prosecutor, and the individual on whose behalf the petition is being brought that the
submission contains private or confidential data that may become accessible to the public
as part of the expungement proceeding. The prosecutor or the individual on whose behalf
the petition is being brought 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 Subd. 4. new text end

new text begin Hearing. new text end

new text begin (a) The court shall hold a hearing as described in section 609A.03,
subdivision 4, if:
new text end

new text begin (1) the petition filed under subdivision 2 indicates that there were identifiable victims
of the offense;
new text end

new text begin (2) any agency or jurisdiction that is served with a petition under subdivision 3 requests
a hearing;
new text end

new text begin (3) the individual on whose behalf the petition is being brought requests a hearing; or
new text end

new text begin (4) the prosecutor requests a hearing.
new text end

new text begin (b) If none of the provisions of paragraph (a) apply, the court may enter an order granting
or denying the petition without holding a hearing.
new text end

new text begin Subd. 5. new text end

new text begin Nature of remedy; standard. new text end

new text begin (a) The court shall seal the criminal record for
an individual on whose behalf a petition is brought under this section 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) The provisions of section 609A.03, subdivisions 5, paragraphs (d) and (e); 5a; 6; 6a;
7a; 8; and 9, apply to an order issued under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, 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 deleted text beginand shall be waived in the cases described
in section 609A.02, subdivision 3, paragraph (a), clause (1)
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, 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 beginunder this section new text endis 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) deleted text beginor (2)deleted 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.

(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 August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, 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
deleted text begin 609A.02, subdivision 3, paragraph (a)deleted text endnew text begin 609A.015, subdivision 1new text end, clause deleted text begin(1)deleted text endnew text begin (3)new text end, 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 or the
licensing division of the Department of Education; and

(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.

(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 Professional
Educator Licensing and Standards Board, 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
Professional Educator Licensing and Standards Board, or the licensing division of the
Department of Education 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 609A.03, subdivision 9, is amended to read:


Subd. 9.

Stay of order; appeal.

An expungement order new text beginissued under this section new text endshall
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 August 1, 2020, and applies to individuals
sentenced on or after that date.
new text end