HF 505

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; allowing for expungement of 
  1.3             certain court records; amending Minnesota Statutes 
  1.4             2002, section 484.014, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 484.014, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [DISCRETIONARY EXPUNGEMENT.] The court may order 
  1.9   expungement of an eviction case court file only upon motion of a 
  1.10  defendant and decision by the court, and only if the court finds 
  1.11  makes an explicit written finding that the plaintiff's case is 
  1.12  sufficiently without basis in fact or law, which may include 
  1.13  lack of jurisdiction over the case, that expungement is clearly 
  1.14  in the interests of justice and those interests are not 
  1.15  outweighed by the public's interest in knowing about the 
  1.16  record.  A case's being stricken from the calendar, dismissed or 
  1.17  settled, or any agreement between the parties to allow 
  1.18  expungement are not determinative that the case was without 
  1.19  basis in fact or law.