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299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger
and thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data as may be requested or required
by the superintendent of the bureau, which must be taken under the provisions of section
299C.10. In addition, sheriffs and chiefs of police shall furnish this identification data to the
bureau for individuals found to have been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their arrest. When the bureau learns
that an individual who is the subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of birth, other than those listed on the
criminal history, the bureau may add the new identifying information to the criminal history when
supported by fingerprints.
(b) No petition under chapter 609A is required if the person has not been convicted of any
felony or gross misdemeanor, either within or without the state, within the period of ten years
immediately preceding the determination of all pending criminal actions or proceedings in favor
of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, return to the arrested
person finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data, and all copies and
duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all pending
criminal actions or proceedings in favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints,
photographs, distinctive physical mark identification data, information on known aliases and
street names, and other identification data, and all copies and duplicates of them if the arrested
person has not been convicted of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such determination.
    Subd. 2. DNA samples; law enforcement duties. (a) Each sheriff and chief of police
shall furnish the bureau, in such form as the superintendent shall prescribe, with the biological
specimens required to be taken under section 299C.105.
(b) DNA samples and DNA records of the arrested person obtained through authority other
than section 299C.105 shall not be returned, sealed, or destroyed as to a charge supported by
probable cause.
    Subd. 3. Definitions. For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.
History: (9950-11) 1927 c 224 s 7; 1929 c 46 s 2; 1935 c 197 s 5; 1957 c 790 s 3; 1986 c
444; 1992 c 569 s 16; 1994 c 636 art 4 s 20; 1995 c 259 art 1 s 49; 1996 c 408 art 9 s 5; 1997 c 7
art 1 s 122; 1Sp2001 c 8 art 6 s 2; 2005 c 136 art 8 s 10; art 12 s 5

Official Publication of the State of Minnesota
Revisor of Statutes