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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 159-H.F.No. 732 
           An act relating to law enforcement; exempting law 
          enforcement agencies from the requirements of the 
          criminal offender rehabilitation employment law; 
          requiring disclosure of conviction during peace 
          officer licensing process even after pardon 
          extraordinary has been granted; amending Minnesota 
          Statutes 1992, sections 364.09; and 638.02, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 364.09, is 
amended to read: 
    364.09 [EXCEPTIONS.] 
    (a) This chapter does not apply to the practice of the 
licensing process for peace officers; to law 
enforcement agencies as defined in section 626.84, subdivision 
1, paragraph (h); to fire protection agencies; to eligibility 
for a private detective or protective agent license; to 
eligibility for a family day care license, a family foster care 
license, or a home care provider license; to eligibility for 
school bus driver endorsements; or to eligibility for special 
transportation service endorsements.  This chapter also shall 
not apply to eligibility for a license issued or renewed by the 
board of teaching or state board of education or to eligibility 
for juvenile corrections employment, where the offense involved 
child physical or sexual abuse or criminal sexual conduct.  
    (b) This chapter does not apply to a school district.  
    (c) Nothing in this section precludes the Minnesota police 
and peace officers training board or the state fire marshal from 
recommending policies set forth in this chapter to the attorney 
general for adoption in the attorney general's discretion to 
apply to law enforcement or fire protection agencies. 
     Sec. 2.  Minnesota Statutes 1992, section 638.02, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person, convicted of a crime in any court of 
this state, who has served the sentence imposed by the court and 
has been discharged of the sentence either by order of court or 
by operation of law, may petition the board of pardons for the 
granting of a pardon extraordinary.  Unless the board of pardons 
expressly provides otherwise in writing by unanimous vote, the 
application for a pardon extraordinary may not be filed until 
the applicable time period in clause (1) or (2) has elapsed: 
    (1) if the person was convicted of a crime of violence as 
defined in section 624.712, subdivision 5, ten years must have 
elapsed since the sentence was discharged and during that time 
the person must not have been convicted of any other crime; and 
    (2) if the person was convicted of any crime not included 
within the definition of crime of violence under section 
624.712, subdivision 5, five years must have elapsed since the 
sentence was discharged and during that time the person must not 
have been convicted of any other crime.  
If the board of pardons determines that the person is of good 
character and reputation, the board may, in its discretion, 
grant the person a pardon extraordinary.  The pardon 
extraordinary, when granted, has the effect of setting aside and 
nullifying the conviction and of purging the person of it, and 
the person shall never after that be required to disclose the 
conviction at any time or place other than in a judicial 
proceeding thereafter instituted or as part of the licensing 
process for peace officers. 
    The application for a pardon extraordinary, the proceedings 
to review an application, and the notice requirements are 
governed by the statutes and the rules of the board in respect 
to other proceedings before the board.  The application shall 
contain any further information that the board may require.  
    Unless the board of pardons expressly provides otherwise in 
writing by unanimous vote, if the person was convicted of a 
crime of violence, as defined in section 624.712, subdivision 5, 
the pardon extraordinary must expressly provide that the pardon 
does not entitle the person to ship, transport, possess, or 
receive a firearm until ten years have elapsed since the 
sentence was discharged and during that time the person was not 
convicted of any other crime of violence. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective the day following final 
enactment. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 14, 1993, 9:08 a.m.