SF 4060

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:16am

A bill for an act
relating to public safety; requiring the automatic expungement of records relating
to certain petty misdemeanor controlled substance violations after a one-year
waiting period; amending Minnesota Statutes 2018, section 609A.02, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 609A.02, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Certain petty misdemeanor controlled substance offenses. new text end

new text begin Records related
to petty misdemeanor violations of section 152.027, subdivision 4, or 152.092, involving
marijuana-related drug paraphernalia shall be sealed without the filing of a petition as
provided in section 609A.027.
new text end

Sec. 2.

new text begin [609A.027] NO PETITION REQUIRED FOR CERTAIN PETTY
MISDEMEANOR CONTROLLED SUBSTANCE VIOLATIONS AFTER ONE-YEAR
WAITING PERIOD.
new text end

new text begin (a) At the conclusion of one year following conviction for a petty misdemeanor violation
of section 152.027, subdivision 4, or 152.092, involving marijuana-related drug paraphernalia,
and the payment of any fines, fees, and surcharges and, if applicable, the successful
completion of any required drug education program, or following the dismissal of a petty
misdemeanor charge for violating section 152.027, subdivision 4, or 152.092, involving
marijuana-related drug paraphernalia the court shall order, without the filing of a petition,
the sealing of all records relating to the arrest, charge, trial, dismissal, and conviction.
new text end

new text begin (b) A record sealed under paragraph (a) may be opened only as provided in section
609A.03, subdivision 7a.
new text end