1997 Minnesota Statutes

     299C.11 Identification data furnished to bureau. 

    (a) The sheriff of each county and the chief of police of 
 each city of the first, second, and third classes shall furnish 
 the bureau, upon such form as the superintendent shall 
 prescribe, with such finger and thumb prints, photographs, 
 distinctive physical mark identification data, and other 
 identification data as may be requested or required by the 
 superintendent of the bureau, which may be taken under the 
 provisions of section 299C.10, of persons who shall be convicted 
 of a felony, gross misdemeanor, or who shall be found to have 
 been convicted of a felony or gross misdemeanor, within ten 
 years next preceding their arrest.  

    (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, 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, 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. 

    (d) DNA samples and DNA records of the arrested person 
 shall not be returned, sealed, or destroyed as to a charge 
 supported by probable cause.  

    (e) For purposes of this section, "determination of all 
 pending criminal actions or proceedings in favor of the arrested 
 person" does not include: 

    (1) the sealing of a criminal record pursuant to section 
 152.18, subdivision 1, 242.31, or chapter 609A; 

    (2) the arrested person's successful completion of a 
 diversion program; 

    (3) an order of discharge under section 609.165; or 

    (4) a pardon granted under section 638.02. 

    HIST: (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