SF 2869

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to judicial procedures; modifying the 
  1.3             required contents of petitions seeking judicial 
  1.4             expungement orders; amending Minnesota Statutes 1996, 
  1.5             section 609A.03, subdivision 2.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 609A.03, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [CONTENTS OF PETITION.] A petition for 
  1.10  expungement shall be signed under oath by the petitioner and 
  1.11  shall state the following: 
  1.12     (1) the petitioner's full name and all other legal names or 
  1.13  aliases by which the petitioner has been known at any time; 
  1.14     (2) the petitioner's date of birth; 
  1.15     (3) all of the petitioner's addresses from the date of the 
  1.16  offense or alleged offense in connection with which an 
  1.17  expungement order is sought, to the date of the petition; 
  1.18     (4) why expungement is sought, if it is for employment or 
  1.19  licensure purposes, the statutory or other legal authority under 
  1.20  which it is sought, and why it should be granted; 
  1.21     (5) the details of the offense or arrest for which 
  1.22  expungement is sought, including date and jurisdiction of the 
  1.23  occurrence, court file number, and date of conviction or of 
  1.24  dismissal; 
  1.25     (6) in the case of a conviction, what steps the petitioner 
  2.1   has taken since the time of the offense toward personal 
  2.2   rehabilitation, including treatment, work, or other personal 
  2.3   history that demonstrates rehabilitation; 
  2.4      (7) petitioner's criminal conviction record indicating all 
  2.5   convictions for misdemeanors, gross misdemeanors, or felonies in 
  2.6   this state, and for all comparable convictions in any other 
  2.7   state, federal court, or foreign country, whether the 
  2.8   convictions occurred before or after the arrest or conviction 
  2.9   for which expungement is sought; and 
  2.10     (8) petitioner's criminal charges record indicating all 
  2.11  prior and pending criminal charges against the petitioner in 
  2.12  this state or another jurisdiction, including all criminal 
  2.13  charges that have been continued for dismissal or stayed for 
  2.14  adjudication, or have been the subject of pretrial diversion; 
  2.15  and 
  2.16     (9) all prior requests by the petitioner, whether for the 
  2.17  present offense or for any other offenses, in this state or any 
  2.18  other state or federal court, for pardon, return of arrest 
  2.19  records, or expungement or sealing of a criminal record, whether 
  2.20  granted or not, and all stays of adjudication or imposition of 
  2.21  sentence involving the petitioner. 
  2.22     Sec. 2.  [EFFECTIVE DATE.] 
  2.23     Section 1 is effective August 1, 1998, and applies to 
  2.24  petitions filed on or after that date.