HF 959

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; modifying 
  1.3             provisions relating to expungement of eviction 
  1.4             information; amending Minnesota Statutes 2002, section 
  1.5             484.014, subdivision 2, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 484.014, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [DISCRETIONARY EXPUNGEMENT.] The court may order 
  1.10  expungement of an eviction case court file only upon motion of a 
  1.11  defendant and decision by the court, if the court finds that the 
  1.12  plaintiff's case is sufficiently without basis in fact or law, 
  1.13  which may include lack of jurisdiction over the case there is a 
  1.14  change in circumstances for the defendant that indicate that the 
  1.15  eviction case is not a reasonable predictor of future tenant 
  1.16  behavior, that expungement is clearly in the interests of 
  1.17  justice, and those interests are not outweighed by the public's 
  1.18  interest in knowing about the record. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 484.014, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 3.  [MANDATORY EXPUNGEMENT.] The court shall order 
  1.22  expungement of an eviction case court file, if the court finds 
  1.23  that the defendant prevailed in the action, the parties have 
  1.24  agreed to expungement, or the plaintiff's case is sufficiently 
  1.25  without basis in fact or law, which may include lack of 
  2.1   jurisdiction over the case.