1st Unofficial 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, sections 609A.02, subdivision 3; 1.6 609A.03, subdivisions 2, 3, 4, 5; 611A.0385; 611A.06, 1.7 by adding a subdivision. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2000, section 609A.02, 1.10 subdivision 3, is amended to read: 1.11 Subd. 3. [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 1.12 CONVICTION.] A petition may be filed under section 609A.03 to 1.13 seal all records relating to an arrest, indictment or 1.14 information, trial, or verdict if the records are not subject to 1.15 section 299C.11, paragraph (b), and if all pending actions or 1.16 proceedings were resolved in favor of the petitioner. For 1.17 purposes of this chapter, a verdict of not guilty by reason of 1.18 mental illness is not a resolution in favor of the petitioner. 1.19 Sec. 2. Minnesota Statutes 2000, section 609A.03, 1.20 subdivision 2, is amended to read: 1.21 Subd. 2. [CONTENTS OF PETITION.] (a) A petition for 1.22 expungement shall be signed under oath by the petitioner and 1.23 shall state the following: 1.24 (1) the petitioner's full name and all other legal names or 1.25 aliases by which the petitioner has been known at any time; 1.26 (2) the petitioner's date of birth; 2.1 (3) all of the petitioner's addresses from the date of the 2.2 offense or alleged offense in connection with which an 2.3 expungement order is sought, to the date of the petition; 2.4 (4) why expungement is sought, if it is for employment or 2.5 licensure purposes, the statutory or other legal authority under 2.6 which it is sought, and why it should be granted; 2.7 (5) the details of the offense or arrest for which 2.8 expungement is sought, including the date and jurisdiction of 2.9 the occurrence, either the names of any victims or that there 2.10 were no identifiable victims, whether there is a current order 2.11 for protection, restraining order, or other no contact order 2.12 prohibiting the petitioner from contacting the victims or 2.13 whether there has ever been a prior order for protection or 2.14 restraining order prohibiting the petitioner from contacting the 2.15 victims, the court file number, and the date of conviction or of 2.16 dismissal; 2.17 (6) in the case of a conviction, what steps the petitioner 2.18 has taken since the time of the offense toward personal 2.19 rehabilitation, including treatment, work, or other personal 2.20 history that demonstrates rehabilitation; 2.21 (7) petitioner's criminal conviction record indicating all 2.22 convictions for misdemeanors, gross misdemeanors, or felonies in 2.23 this state, and for all comparable convictions in any other 2.24 state, federal court, or foreign country, whether the 2.25 convictions occurred before or after the arrest or conviction 2.26 for which expungement is sought; 2.27 (8) petitioner's criminal charges record indicating all 2.28 prior and pending criminal charges against the petitioner in 2.29 this state or another jurisdiction, including all criminal 2.30 charges that have been continued for dismissal or stayed for 2.31 adjudication, or have been the subject of pretrial diversion; 2.32 and 2.33 (9) all prior requests by the petitioner, whether for the 2.34 present offense or for any other offenses, in this state or any 2.35 other state or federal court, for pardon, return of arrest 2.36 records, or expungement or sealing of a criminal record, whether 3.1 granted or not, and all stays of adjudication or imposition of 3.2 sentence involving the petitioner. 3.3 (b) If there is a current order for protection, restraining 3.4 order, or other no contact order prohibiting the petitioner from 3.5 contacting the victims or there has ever been a prior order for 3.6 protection or restraining order prohibiting the petitioner from 3.7 contacting the victims, the petitioner shall attach a copy of 3.8 the order to the petition. 3.9 Sec. 3. Minnesota Statutes 2000, section 609A.03, 3.10 subdivision 3, is amended to read: 3.11 Subd. 3. [SERVICE OF PETITION AND PROPOSED ORDER.] (a) The 3.12 petitioner shall serve by mail the petition for expungement and 3.13 a proposed expungement order
shall be served by mailon the 3.14 prosecutorial office that had jurisdiction over the offense for 3.15 which expungement is sought and all other state and local 3.16 government agencies and jurisdictions whose records would be 3.17 affected by the proposed order. ServicePetitioner shall also 3.18 be madeserve by mail onthe attorney for each agency and 3.19 jurisdiction. 3.20 (b) The prosecutorial office that had jurisdiction over the 3.21 offense for which expungement is sought shall serve by mail the 3.22 petition for expungement and a proposed expungement order on any 3.23 victims of the offense for which expungement is sought who have 3.24 requested notice of expungement pursuant to section 611A.06. 3.25 Service under this paragraph does not constitute a violation of 3.26 an existing order for protection, restraining order, or other no 3.27 contact order. 3.28 (c) The prosecutorial office's notice to victims of the 3.29 offense under this subdivision must specifically inform the 3.30 victims of the victims' right to be present and to submit an 3.31 oral or written statement at the expungement hearing described 3.32 in subdivision 4. 3.33 Sec. 4. Minnesota Statutes 2000, section 609A.03, 3.34 subdivision 4, is amended to read: 3.35 Subd. 4. [HEARING.] A hearing on the petition shall be 3.36 held no sooner than 60 days after service of the petition. A 4.1 victim of the offense for which expungement is sought has a 4.2 right to submit an oral or written statement to the court at the 4.3 time of the hearing describing the harm suffered by the victim 4.4 as a result of the crime and the victim's recommendation on 4.5 whether expungement should be granted or denied. The judge 4.6 shall consider the victim's statement when making a decision. 4.7 Sec. 5. Minnesota Statutes 2000, section 609A.03, 4.8 subdivision 5, is amended to read: 4.9 Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS 4.10 RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 4.11 expungement of a criminal record is an extraordinary remedy to 4.12 be granted only upon clear and convincing evidence that it would 4.13 yield a benefit to the petitioner commensurate with the 4.14 disadvantages to the public and public safety of: 4.15 (1) sealing the record; and 4.16 (2) burdening the court and public authorities to issue, 4.17 enforce, and monitor an expungement order. 4.18 (b) Except as otherwise provided by this paragraph, if the 4.19 petitioner is petitioning for the sealing of a criminal record 4.20 under section 609A.02, subdivision 3, the court shall grant the 4.21 petition to seal the record unless the agency or jurisdiction 4.22 whose records would be affected establishes by clear and 4.23 convincing evidence that the interests of the public and public 4.24 safety outweigh the disadvantages to the petitioner of not 4.25 sealing the record. If a petitioner was found not guilty by4.26 reason of mental illness, the court shall grant the petition to4.27 seal the record unless the agency or jurisdiction whose records4.28 would be affected establishes by a preponderance of the evidence4.29 that the interests of the public and public safety outweigh the4.30 disadvantages to the petitioner of not sealing the record.4.31 (c) If the court issues an expungement order it may require 4.32 that the criminal record be sealed, the existence of the record 4.33 not be revealed, and the record not be opened except as required 4.34 under subdivision 7. Records must not be destroyed or returned 4.35 to the subject of the record. 4.36 Sec. 6. Minnesota Statutes 2000, section 611A.0385, is 5.1 amended to read: 5.2 611A.0385 [SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF 5.3 OFFENDER RELEASE AND EXPUNGEMENT.] 5.4 At the time of sentencing or the disposition hearing in a 5.5 case in which there is an identifiable victim, the court or its 5.6 designee shall make reasonable good faith efforts to inform each 5.7 affected victim of the offender notice of release and notice of 5.8 expungement provisions of section 611A.06. If the victim is a 5.9 minor, the court or its designee shall, if appropriate, also 5.10 make reasonable good faith efforts to inform the victim's parent 5.11 or guardian of the right to notice of release and notice of 5.12 expungement. The state court administrator, in consultation 5.13 with the commissioner of corrections and the prosecuting 5.14 authorities, shall prepare a form that outlines the notice of 5.15 release and notice of expungement provisions under section 5.16 611A.06 and describes how a victim should complete and submit a 5.17 request to the commissioner of corrections or other custodial 5.18 authority to be informed of an offender's release or submit a 5.19 request to the prosecuting authorities to be informed of an 5.20 offender's petition for expungement. The state court 5.21 administrator shall make these forms available to court 5.22 administrators who shall assist the court in disseminating right 5.23 to notice of offender release and notice of expungement 5.24 information to victims. 5.25 Sec. 7. Minnesota Statutes 2000, section 611A.06, is 5.26 amended by adding a subdivision to read: 5.27 Subd. 1a. [NOTICE OF EXPUNGEMENT REQUIRED.] The 5.28 prosecuting authority with jurisdiction over an offense for 5.29 which expungement is being sought shall make a good faith effort 5.30 to notify a victim that the expungement is being sought if: (1) 5.31 the victim has mailed to the prosecuting authority with 5.32 jurisdiction over an offense for which expungement is being 5.33 sought a written request for this notice, or (2) the victim has 5.34 indicated on a request for notice of expungement submitted under 5.35 subdivision 1 a desire to be notified in the event the offender 5.36 seeks an expungement for the offense. 6.1 A copy of any written request for a notice of expungement 6.2 request received by the commissioner of corrections or other 6.3 custodial authority shall be forwarded to the prosecutorial 6.4 authority with jurisdiction over the offense to which the notice 6.5 relates. The prosecutorial authority complies with this section 6.6 upon mailing a copy of an expungement petition relating to the 6.7 notice to the address which the victim has most recently 6.8 provided in writing. 6.9 Sec. 8. [EFFECTIVE DATE.] 6.10 Sections 2, 3, 4, 6, and 7 are effective August 1, 2001, 6.11 and apply to petitions for expungement filed on or after that 6.12 date.