Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 209-S.F.No. 229 
                  An act relating to criminal records; requiring that 
                  crime victims be notified of expungement proceedings 
                  and allowed to submit a statement; amending Minnesota 
                  Statutes 2000, sections 609A.02, subdivision 3; 
                  609A.03, subdivisions 2, 3, 4, 5; 611A.0385; 611A.06, 
                  by adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 609A.02, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A 
        CONVICTION.] A petition may be filed under section 609A.03 to 
        seal all records relating to an arrest, indictment or 
        information, trial, or verdict if the records are not subject to 
        section 299C.11, paragraph (b), and if all pending actions or 
        proceedings were resolved in favor of the petitioner.  For 
        purposes of this chapter, a verdict of not guilty by reason of 
        mental illness is not a resolution in favor of the petitioner. 
           Sec. 2.  Minnesota Statutes 2000, section 609A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF PETITION.] (a) A petition for 
        expungement shall be signed under oath by the petitioner and 
        shall state the following: 
           (1) the petitioner's full name and all other legal names or 
        aliases by which the petitioner has been known at any time; 
           (2) the petitioner's date of birth; 
           (3) all of the petitioner's addresses from the date of the 
        offense or alleged offense in connection with which an 
        expungement order is sought, to the date of the petition; 
           (4) why expungement is sought, if it is for employment or 
        licensure purposes, the statutory or other legal authority under 
        which it is sought, and why it should be granted; 
           (5) the details of the offense or arrest for which 
        expungement is sought, including the date and jurisdiction of 
        the occurrence, either the names of any victims or that there 
        were no identifiable victims, whether there is a current order 
        for protection, restraining order, or other no contact order 
        prohibiting the petitioner from contacting the victims or 
        whether there has ever been a prior order for protection or 
        restraining order prohibiting the petitioner from contacting the 
        victims, the court file number, and the date of conviction or of 
        dismissal; 
           (6) in the case of a conviction, what steps the petitioner 
        has taken since the time of the offense toward personal 
        rehabilitation, including treatment, work, or other personal 
        history that demonstrates rehabilitation; 
           (7) petitioner's criminal conviction record indicating all 
        convictions for misdemeanors, gross misdemeanors, or felonies in 
        this state, and for all comparable convictions in any other 
        state, federal court, or foreign country, whether the 
        convictions occurred before or after the arrest or conviction 
        for which expungement is sought; 
           (8) petitioner's criminal charges record indicating all 
        prior and pending criminal charges against the petitioner in 
        this state or another jurisdiction, including all criminal 
        charges that have been continued for dismissal or stayed for 
        adjudication, or have been the subject of pretrial diversion; 
        and 
           (9) all prior requests by the petitioner, whether for the 
        present offense or for any other offenses, in this state or any 
        other state or federal court, for pardon, return of arrest 
        records, or expungement or sealing of a criminal record, whether 
        granted or not, and all stays of adjudication or imposition of 
        sentence involving the petitioner. 
           (b) If there is a current order for protection, restraining 
        order, or other no contact order prohibiting the petitioner from 
        contacting the victims or there has ever been a prior order for 
        protection or restraining order prohibiting the petitioner from 
        contacting the victims, the petitioner shall attach a copy of 
        the order to the petition. 
           Sec. 3.  Minnesota Statutes 2000, section 609A.03, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] (a) The 
        petitioner shall serve by mail the petition for expungement and 
        a proposed expungement order shall be served by mail on the 
        prosecutorial office that had jurisdiction over the offense for 
        which expungement is sought and all other state and local 
        government agencies and jurisdictions whose records would be 
        affected by the proposed order.  Service Petitioner shall also 
        be made serve by mail on the attorney for each agency and 
        jurisdiction. 
           (b) The prosecutorial office that had jurisdiction over the 
        offense for which expungement is sought shall serve by mail the 
        petition for expungement and a proposed expungement order on any 
        victims of the offense for which expungement is sought who have 
        requested notice of expungement pursuant to section 611A.06.  
        Service under this paragraph does not constitute a violation of 
        an existing order for protection, restraining order, or other no 
        contact order. 
           (c) The prosecutorial office's notice to victims of the 
        offense under this subdivision must specifically inform the 
        victims of the victims' right to be present and to submit an 
        oral or written statement at the expungement hearing described 
        in subdivision 4.  
           Sec. 4.  Minnesota Statutes 2000, section 609A.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HEARING.] A hearing on the petition shall be 
        held no sooner than 60 days after service of the petition.  A 
        victim of the offense for which expungement is sought has a 
        right to submit an oral or written statement to the court at the 
        time of the hearing describing the harm suffered by the victim 
        as a result of the crime and the victim's recommendation on 
        whether expungement should be granted or denied.  The judge 
        shall consider the victim's statement when making a decision. 
           Sec. 5.  Minnesota Statutes 2000, section 609A.03, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
        RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 
        expungement of a criminal record is an extraordinary remedy to 
        be granted only upon clear and convincing evidence that it would 
        yield a benefit to the petitioner commensurate with the 
        disadvantages to the public and public safety of: 
           (1) sealing the record; and 
           (2) burdening the court and public authorities to issue, 
        enforce, and monitor an expungement order. 
           (b) Except as otherwise provided by this paragraph, if the 
        petitioner is petitioning for the sealing of a criminal record 
        under section 609A.02, subdivision 3, the court shall grant the 
        petition to seal the record unless the agency or jurisdiction 
        whose records would be affected establishes by clear and 
        convincing evidence that the interests of the public and public 
        safety outweigh the disadvantages to the petitioner of not 
        sealing the record.  If a petitioner was found not guilty by 
        reason of mental illness, the court shall grant the petition to 
        seal the record unless the agency or jurisdiction whose records 
        would be affected establishes by a preponderance of the evidence 
        that the interests of the public and public safety outweigh the 
        disadvantages to the petitioner of not sealing the record.  
           (c) If the court issues an expungement order it may require 
        that the criminal record be sealed, the existence of the record 
        not be revealed, and the record not be opened except as required 
        under subdivision 7.  Records must not be destroyed or returned 
        to the subject of the record. 
           Sec. 6.  Minnesota Statutes 2000, section 611A.0385, is 
        amended to read: 
           611A.0385 [SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF 
        OFFENDER RELEASE AND EXPUNGEMENT.] 
           At the time of sentencing or the disposition hearing in a 
        case in which there is an identifiable victim, the court or its 
        designee shall make reasonable good faith efforts to inform each 
        affected victim of the offender notice of release and notice of 
        expungement provisions of section 611A.06.  If the victim is a 
        minor, the court or its designee shall, if appropriate, also 
        make reasonable good faith efforts to inform the victim's parent 
        or guardian of the right to notice of release and notice of 
        expungement.  The state court administrator, in consultation 
        with the commissioner of corrections and the prosecuting 
        authorities, shall prepare a form that outlines the notice of 
        release and notice of expungement provisions under section 
        611A.06 and describes how a victim should complete and submit a 
        request to the commissioner of corrections or other custodial 
        authority to be informed of an offender's release or submit a 
        request to the prosecuting authorities to be informed of an 
        offender's petition for expungement.  The state court 
        administrator shall make these forms available to court 
        administrators who shall assist the court in disseminating right 
        to notice of offender release and notice of expungement 
        information to victims. 
           Sec. 7.  Minnesota Statutes 2000, section 611A.06, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [NOTICE OF EXPUNGEMENT REQUIRED.] The 
        prosecuting authority with jurisdiction over an offense for 
        which expungement is being sought shall make a good faith effort 
        to notify a victim that the expungement is being sought if:  (1) 
        the victim has mailed to the prosecuting authority with 
        jurisdiction over an offense for which expungement is being 
        sought a written request for this notice, or (2) the victim has 
        indicated on a request for notice of expungement submitted under 
        subdivision 1 a desire to be notified in the event the offender 
        seeks an expungement for the offense. 
           A copy of any written request for a notice of expungement 
        request received by the commissioner of corrections or other 
        custodial authority shall be forwarded to the prosecutorial 
        authority with jurisdiction over the offense to which the notice 
        relates.  The prosecutorial authority complies with this section 
        upon mailing a copy of an expungement petition relating to the 
        notice to the address which the victim has most recently 
        provided in writing.  
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 2, 3, 4, 6, and 7 are effective August 1, 2001, 
        and apply to petitions for expungement filed on or after that 
        date. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:35 a.m.