.................... moves to amend H.F. No. 2576, the second engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 260B.198, subdivision 6, is amended to
Subd. 6. Expungement.
Except when legal custody is transferred under the
1.6 provisions of subdivision 1, clause (4), (a)
The court may expunge
1.7 of all records relating to
delinquency at any time
that it deems advisable if the court
1.8determines that expungement of the record would yield a benefit to the subject of the
1.9record that outweighs the detriment to the public and public safety in sealing the record
1.10and the burden on the court and public agencies or jurisdictions in issuing, enforcing,
1.11and monitoring the order
1.12(b) In making a determination under this subdivision, the court shall consider:
1.13(1) the age, education, experience, and background, including mental and emotional
1.14development, of the subject of the record at the time of commission of the offense;
1.15(2) the circumstances and nature and severity of the offense, including any
1.16aggravating or mitigating factors in the commission of the offense;
1.17(3) victim and community impact, including age and vulnerability of the victim;
1.18(4) the level of participation of the subject of the record in the planning and carrying
1.19out of the offense, including familial or peer influence in the commission of the offense;
1.20(5) the juvenile delinquency and criminal history of the subject of the record;
1.21(6) the programming history of the subject of the record, including child welfare,
1.22school and community-based, and probation interventions, and the subject's willingness to
1.23participate meaningfully in programming, probation, or both;
1.24(7) any other aggravating or mitigating circumstance bearing on the culpability or
1.25potential for rehabilitation of the subject of the record; and
1.26(8) the benefit that expungement would yield to the subject of the record in pursuing
1.27education, employment, housing, or other necessities.
2.1(c) A record that is expunged under this subdivision prior to the effective date of
2.2this act may not be opened or exchanged.
2.3(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision
2.4on or after the effective date of this act may be opened or exchanged between criminal
2.5justice agencies in the same manner as a criminal record under section 609A.03,
2.6subdivision 7, paragraph (b).
2.7(e) Section 609A.03, subdivision 9, applies to an appeal of an order under this
2.9EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 2. Minnesota Statutes 2012, section 332.70, is amended by adding a subdivision
2.12 Subd. 3a. Deletion of expunged records. If a business screening service knows that
2.13a criminal record has been sealed, expunged, or is the subject of a pardon, the screening
2.14service shall promptly delete the record.
2.15EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 3. Minnesota Statutes 2012, section 504B.345, subdivision 1, is amended to read:
Subdivision 1. General.
(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order
to vacate for an eviction action brought under section
or on the basis that the
tenant is causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property.
(c) If the court or jury finds for the defendant
the court shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; and
2.28(2) the court may expunge the records relating to the action at the time judgment is
2.29entered or after that time
(d) Except in actions brought: (1) under section
as required by section
2.31609.5317, subdivision 1
; (2) under section
; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family,
the court shall stay the writ of recovery of premises and order to vacate for a reasonable
period, not to exceed seven days.
3.4EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 4. Minnesota Statutes 2012, section 609A.02, subdivision 3, is amended to read:
Subd. 3. Certain criminal proceedings
not resulting in conviction. (a)
may be filed under section
to seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to section
, 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
3.13(2) the petitioner has successfully completed the terms of a diversion program or
3.14stay of adjudication and has not been charged with a new crime for at least two years since
3.15completion of the diversion program or stay of adjudication;
3.16(3) the petitioner was convicted of or received a stayed sentence for a petty
3.17misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new
3.18crime for at least five years since discharge of the sentence for the crime; or
3.19(4) the petitioner was convicted of or received a stayed sentence for a felony
3.20violation of an offense listed in paragraph (b), and has not been convicted of a new crime
3.21for at least eight years since discharge of the sentence for the crime.
3.22(b) Paragraph (a), clause (4), applies to the following offenses:
3.23(1) section 35.824 (altering livestock certificate);
3.24(2) section 62A.41 (insurance regulations);
3.25(3) section 86B.865, subdivision 1 (certification for title on watercraft);
3.26(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
3.27simulated controlled substance);
3.28(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
3.29subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
3.30(6) chapter 201; 203B; or 204C (voting violations);
3.31(7) section 228.45; 228.47; 228.49; 228.50, or 228.51 (false bill of lading);
3.32(8) section 256.984 (false declaration in assistance application);
3.33(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
3.34(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
3.35(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
4.1(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
4.2notices and solicitations);
4.3(13) section 346.155, subdivision 10 (failure to control regulated animal);
4.4(14) section 349.2127; or 349.22 (gambling regulations);
4.5(15) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
4.6(16) section 609.31 (leaving state to evade establishment of paternity);
4.7(17) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
4.8civil commitment or mental illness);
4.9(18) section 609.49 (failure to appear in court);
4.10(19) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
4.11theft offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1)
4.12(theft of $1,000 or less with risk of bodily harm);
4.13(20) section 609.525 (bringing stolen goods into state);
4.14(21) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
4.15(22) section 609.527, subdivision 5b (possession or use of scanning device or
4.16reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
4.17check); or 609.529 (mail theft);
4.18(23) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
4.20(24) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
4.21(25) section 609.551 (rustling and livestock theft);
4.22(26) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
4.23(27) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
4.24(28) section 609.595, subdivision 1, clauses (2) to (4), and subdivision 1a, paragraph
4.25(a) (criminal damage to property);
4.26(29) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
4.27(30) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
4.284, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
4.29pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
4.30(31) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4.314, paragraph (a) (lottery fraud);
4.32(32) section 609.652 (fraudulent driver's license and identification card);
4.33(33) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
4.34or 609.66, subdivision 1b (furnishing firearm to minor);
4.35(34) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
4.36(35) section 609.686, subdivision 2 (tampering with fire alarm);
5.1(36) section 609.746, subdivision 1, paragraph (e) (interference with privacy;
5.2subsequent violation or minor victim);
5.3(37) section 609.80, subdivision 2 (interference with cable communications system);
5.4(38) section 609.821, subdivision 2 (financial transaction card fraud);
5.5(39) section 609.822 (residential mortgage fraud);
5.6(40) section 609.825, subdivision 2 (bribery of participant or official in contest);
5.7(41) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
5.9(42) section 609.88 (computer damage); or 609.89 (computer theft);
5.10(43) section 609.893, subdivision 2 (telecommunications and information services
5.12(44) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
5.13(45) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
5.15(46) section 609.896 (movie pirating);
5.16(47) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
5.17624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
5.18subdivision 2 (transfer of pistol to ineligible person); or
5.19(48) section 624.7181 (rifle or shotgun in public by minor).
5.20EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 5. [609A.025] NO PETITION REQUIRED IN CERTAIN CASES WITH
5.22PROSECUTOR AGREEMENT AND NOTIFICATION.
5.23(a) If the prosecutor agrees to the sealing of a criminal record, the court shall order
5.24the sealing of the criminal record for a person described in section 609A.02, subdivision
5.253, without the filing of a petition unless it determines that the interests of the public and
5.26public safety in keeping the record public outweigh the disadvantages to the subject of the
5.27record in not sealing it.
5.28(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
5.29make a good faith effort to notify any identifiable victims of the offense of the intended
5.30agreement and the opportunity to object to the agreement.
5.31(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
5.32for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
5.33occur before or after the criminal charges are dismissed.
5.34EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 6. Minnesota Statutes 2012, section 609A.03, subdivision 5, is amended to read:
Subd. 5. Nature of remedy; standard.
(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
(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, paragraph (a),
6.11clause (1) or (2)
, 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.
6.15(c) In making a determination under this subdivision, the court shall consider:
6.16(1) the nature and severity of the underlying crime the record of which would be
6.18(2) the risk, if any, the petitioner poses to individuals or society;
6.19(3) the length of time since the crime occurred;
6.20(4) the steps taken by the petitioner towards rehabilitation following the crime;
6.21(5) aggravating or mitigating factors relating to the underlying crime, including the
6.22petitioner's level of participation, claims of innocence, context and circumstances of the
6.23underlying crime, and irregularities in the trial;
6.24(6) the reasons for the expungement, including the petitioner's attempts to obtain
6.25employment, housing, or other necessities;
6.26(7) the petitioner's criminal record;
6.27(8) the petitioner's record of employment and community involvement;
6.28(9) the recommendations of interested law enforcement, prosecutorial, and
6.30(10) the recommendations of victims of the underlying crime; and
6.31(11) other factors deemed relevant by the court.
(c) (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary,
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.
7.1 (e) Information relating to a criminal history record of an employee, former
7.2employee, or tenant that has been expunged before the occurrence of the act giving rise
7.3to the civil action may not be introduced as evidence in a civil action against a private
7.4employer or landlord or its employees or agents that is based on the conduct of the
7.5employee, former employee, or tenant.
7.6EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 7. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
7.9 Subd. 6a. Order when context and circumstances of the underlying crime
7.10indicate a nexis between the criminal record to be expunged and person's status as a
7.11crime victim. If the court finds, under section 609A.03, subdivision 5, paragraph (b), clause
7.12(5), that the context and circumstances of the underlying crime indicate a nexis between
7.13the criminal record to be expunged and the person's status as a crime victim, then the effect
7.14of the court order to seal the record of the proceedings shall be to restore the person, in the
7.15contemplation of the law, to the status the person occupied before the arrest, indictment,
7.16or information. The person shall not be guilty of perjury or otherwise of giving a false
7.17statement if the person fails to acknowledge the arrest, indictment, information, or trial in
7.18response to any inquiry made for any purpose. The court may request a sworn statement
7.19from a staff member of a state-funded victim services organization or a licensed health
7.20care provider as evidence to support a determination under section 609A.03, subdivision 5.
Sec. 8. Minnesota Statutes 2012, section 609A.03, subdivision 7, is amended to read:
Subd. 7. Limitations of order.
(a) Upon issuance of an expungement order related
to a charge supported by probable cause, the DNA samples and DNA records held by
the Bureau of Criminal Apprehension and collected under authority other than section
, shall not be sealed, returned to the subject of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;
(2) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order; and
(3) an expunged record of a conviction may be opened for purposes of a background
study under section
unless the court order for expungement is directed
specifically to the commissioner of human services.
Upon request by law enforcement, prosecution, or corrections authorities, an agency
or jurisdiction subject to an expungement order shall inform the requester of the existence
of a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.
8.6(c) This subdivision applies to conviction records sealed before January 1, 2015.
8.7EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 9. Minnesota Statutes 2012, section 609A.03, is amended by adding a subdivision
8.10 Subd. 7a. Limitations of order. (a) Upon issuance of an expungement order related
8.11to a charge supported by probable cause, the DNA samples and DNA records held by
8.12the Bureau of Criminal Apprehension and collected under authority other than section
8.13299C.105, shall not be sealed, returned to the subject of the record, or destroyed.
8.14(b) Notwithstanding the issuance of an expungement order:
8.15(1) except as provided in clause (2), an expunged record may be exchanged between
8.16criminal justice agencies without a court order;
8.17(2) a record where the person was found not guilty of a charge not arising out of the
8.18same set of facts and circumstances as another charge that was expunged under section
8.19609A.02, subdivision 3, paragraph (a), clause (1), may be opened for purposes of a criminal
8.20investigation, prosecution, or sentencing, upon an ex parte order, if the requesting agency
8.21states a good faith basis to believe that opening the record may lead to relevant information.
8.22(3) an expunged record of a conviction may be opened for purposes of evaluating a
8.23prospective employee in a criminal justice agency without a court order; and
8.24(4) an expunged record of a conviction may be opened for purposes of a background
8.25study under section
245C.08 unless the court order for expungement is directed
8.26specifically to the commissioner of human services.
8.27(c) An agency or jurisdiction subject to an expungement order shall maintain the
8.28record in a manner that provides access to the record by a criminal justice agency under
8.29paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed.
8.30Upon request by the commissioner of human services, an agency or jurisdiction subject
8.31to an expungement order shall inform the commissioner of the existence of the sealed
8.32record and of the right to obtain access to the record under paragraph (b), clause (4). An
8.33expunged record that is opened or exchanged under this subdivision remains subject to the
8.34expungement order in the hands of the person receiving the record.
9.1(d) For purposes of this section, a "criminal justice agency" means courts or a
9.2government agency that performs the administration of criminal justice under statutory
9.4(e) This subdivision applies to records sealed on or after January 1, 2015.
9.5EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 10. Minnesota Statutes 2012, section 609A.03, subdivision 8, is amended to read:
Subd. 8. Distribution and confirmation of expungement orders. (a)
administrator shall send a copy of an expungement order to each agency and jurisdiction
whose records are affected by the terms of the order and send a letter to the petitioner
9.10identifying each agency that received the order.
9.11(b) Each agency and jurisdiction receiving the order must send a letter to the
9.12petitioner confirming that the record has been expunged.
9.13(c) Data on the petitioner in a letter sent under this subdivision are private data
9.14on individuals as defined in section 13.02
9.15EFFECTIVE DATE.This section is effective January 1, 2015.
Sec. 11. AGENCY COMPLIANCE.
9.17A criminal justice agency must comply with the requirements of section 9 by
9.18January 1, 2016.
9.19EFFECTIVE DATE.This section is effective January 1, 2015.