SF 229

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal records; requiring that crime 
  1.3             victims be notified of expungement proceedings and 
  1.4             allowed to submit a statement; amending Minnesota 
  1.5             Statutes 2000, section 609A.03, subdivisions 2, 3, and 
  1.6             4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 609A.03, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [CONTENTS OF PETITION.] (a) A petition for 
  1.11  expungement shall be signed under oath by the petitioner and 
  1.12  shall state the following: 
  1.13     (1) the petitioner's full name and all other legal names or 
  1.14  aliases by which the petitioner has been known at any time; 
  1.15     (2) the petitioner's date of birth; 
  1.16     (3) all of the petitioner's addresses from the date of the 
  1.17  offense or alleged offense in connection with which an 
  1.18  expungement order is sought, to the date of the petition; 
  1.19     (4) why expungement is sought, if it is for employment or 
  1.20  licensure purposes, the statutory or other legal authority under 
  1.21  which it is sought, and why it should be granted; 
  1.22     (5) the details of the offense or arrest for which 
  1.23  expungement is sought, including date and jurisdiction of the 
  1.24  occurrence, names of victims, whether there is a current order 
  1.25  for protection, restraining order, or other no contact order 
  1.26  prohibiting the petitioner from contacting the victim or there 
  2.1   has ever been a prior order for protection or restraining order 
  2.2   prohibiting the petitioner from contacting the victim, court 
  2.3   file number, and date of conviction or of dismissal; 
  2.4      (6) in the case of a conviction, what steps the petitioner 
  2.5   has taken since the time of the offense toward personal 
  2.6   rehabilitation, including treatment, work, or other personal 
  2.7   history that demonstrates rehabilitation; 
  2.8      (7) petitioner's criminal conviction record indicating all 
  2.9   convictions for misdemeanors, gross misdemeanors, or felonies in 
  2.10  this state, and for all comparable convictions in any other 
  2.11  state, federal court, or foreign country, whether the 
  2.12  convictions occurred before or after the arrest or conviction 
  2.13  for which expungement is sought; 
  2.14     (8) petitioner's criminal charges record indicating all 
  2.15  prior and pending criminal charges against the petitioner in 
  2.16  this state or another jurisdiction, including all criminal 
  2.17  charges that have been continued for dismissal or stayed for 
  2.18  adjudication, or have been the subject of pretrial diversion; 
  2.19  and 
  2.20     (9) all prior requests by the petitioner, whether for the 
  2.21  present offense or for any other offenses, in this state or any 
  2.22  other state or federal court, for pardon, return of arrest 
  2.23  records, or expungement or sealing of a criminal record, whether 
  2.24  granted or not, and all stays of adjudication or imposition of 
  2.25  sentence involving the petitioner. 
  2.26     (b) If there is a current order for protection, restraining 
  2.27  order, or other no contact order prohibiting the petitioner from 
  2.28  contacting the victim or there has ever been a prior order for 
  2.29  protection or restraining order prohibiting the petitioner from 
  2.30  contacting the victim, the petitioner shall attach a copy of the 
  2.31  order to the petition. 
  2.32     Sec. 2.  Minnesota Statutes 2000, section 609A.03, 
  2.33  subdivision 3, is amended to read: 
  2.34     Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] (a) The 
  2.35  petition for expungement and a proposed expungement order shall 
  2.36  be served by mail on:  (1) the state and local government 
  3.1   agencies and jurisdictions whose records would be affected by 
  3.2   the proposed order; and (2) except as provided in paragraph (b), 
  3.3   any victims of the offense for which expungement is sought who 
  3.4   can be located with reasonable efforts.  Service shall also be 
  3.5   made by mail on the attorney for each agency and 
  3.6   jurisdiction listed in clause (1). 
  3.7      (b) If there is a current order for protection, restraining 
  3.8   order, or other no contact order prohibiting the petitioner from 
  3.9   contacting the victim or there has ever been a prior order for 
  3.10  protection or restraining order prohibiting the petitioner from 
  3.11  contacting the victim, the petitioner shall notify the 
  3.12  prosecutorial office that had jurisdiction over the offense for 
  3.13  which expungement is being sought of this and provide the office 
  3.14  with a copy of the petition and proposed order and the victim's 
  3.15  address.  The prosecutorial office shall serve these items by 
  3.16  mail on the victim.  Service under this paragraph does not 
  3.17  constitute a violation of the order. 
  3.18     (c) The notice to victims of the offense under this 
  3.19  subdivision must specifically inform the victim of the victim's 
  3.20  right to be present and to submit an oral or written statement 
  3.21  at the expungement hearing described in subdivision 4. 
  3.22     Sec. 3.  Minnesota Statutes 2000, section 609A.03, 
  3.23  subdivision 4, is amended to read: 
  3.24     Subd. 4.  [HEARING.] A hearing on the petition shall be 
  3.25  held no sooner than 60 days after service of the petition.  A 
  3.26  victim of the offense for which expungement is sought has a 
  3.27  right to submit an oral or written statement to the court at the 
  3.28  time of the hearing describing the harm suffered by the victim 
  3.29  as a result of the crime and the victim's recommendation on 
  3.30  whether expungement should be granted or denied.  The judge 
  3.31  shall consider the victim's statement when making a decision. 
  3.32     Sec. 4.  [EFFECTIVE DATE.] 
  3.33     Sections 1 to 3 are effective August 1, 2001, and apply to 
  3.34  petitions for expungement filed on or after that date.