1.1 	A bill for an act
1.2 	relating to crime; modifying law on expungement of criminal records;amending 
1.3 	Minnesota Statutes 2006, sections 609A.01; 609A.02, subdivision 3; 609A.03, 
1.4 	subdivisions 2, 5, 6, 7, 8; proposing coding for new law in Minnesota Statutes, 
1.5 	chapter 609A; repealing Minnesota Statutes 2006, section 609A.02.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 609A.01, is amended to read:
1.8 	609A.01 CRIMINAL RECORDS EXPUNGEMENT.
1.9 		Subdivision 1.Scope. This chapter provides the grounds and procedures for 
1.10 	expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11,; 
1.11 	609A.021; where a petition is authorized under section 609A.02, subdivision 3 609A.022; 
1.12 	or other applicable law. The remedy available is limited to a court order sealing the public
1.13 	records and prohibiting the disclosure of their existence or their opening except under 
1.14 	court order or statutory authority. Nothing in this chapter authorizes the destruction of 
1.15 	records or their return to the subject of the records. 
1.16 		Subd. 2.Definitions. (a) For the purposes of this chapter, the terms in this 
1.17 	subdivision have the meanings given them.
1.18 	(b) "Crime of violence" means convictions of any of the following offenses:
1.19 	(1) section 169.09, subdivision 14, paragraph (a), clause (1) (hit and run resulting 
1.20 	in death);
1.21 	(2) section 169.09, subdivision 14, paragraph (a), clause (2) (hit and run with great 
1.22 	bodily harm);
1.23 	(3) section 299F.79 (intent to manufacture explosives);
1.24 	(4) section 299F.83 (negligent discharge of explosive);
2.1 	(5) section 346.155 (failure to control a regulated animal resulting in death or great 
2.2 	bodily harm);
2.3 	(6) section 518E.01, subdivision 14 (any level of violation of an order for protection);
2.4 	(7) section 518B.01, subdivision 22 (any violation of a domestic abuse no contact 
2.5 	order);
2.6 	(8) section 609.165, subdivision 1a (certain convicted felons ineligible to possess 
2.7 	firearms);
2.8 	(9) section 609.185 (murder in the first degree);
2.9 	(10) section 609.19 (murder in the second degree);
2.10 	(11) section 609.195 (murder in the third degree);
2.11 	(12) section 609.20 (manslaughter in the first degree);
2.12 	(13) section 609.205 (manslaughter in the second degree);
2.13 	(14) section 609.21, subdivisions 1 and 3 (criminal vehicular homicide);
2.14 	(15) section 609.21, subdivisions 1 and 1a, paragraphs (a) to (c) (criminal vehicular 
2.15 	homicide and operation involving death, great bodily harm, and substantial bodily harm);
2.16 	(16) section 609.215 (aiding suicide and aiding attempted suicide);
2.17 	(17) section 609.221 (assault in the first degree);
2.18 	(18) section 609.222 (assault in the second degree);
2.19 	(19) section 609.223 (assault in the third degree);
2.20 	(20) section 609.2231 (assault in the fourth degree);
2.21 	(21) section 609.224 (assault in the fifth degree);
2.22 	(22) section 609.2241 (knowing transfer of communicable disease);
2.23 	(23) section 609.2242 (fifth degree domestic assault);
2.24 	(24) section 609.2245 (female genital mutilation);
2.25 	(25) section 609.2247 (domestic assault by strangulation);
2.26 	(26) section 609.228 (great bodily harm by distribution of drugs);
2.27 	(27) section 609.229 (crimes committed for the benefit of a gang);
2.28 	(28) section 609.2325 (criminal abuse of vulnerable adult resulting in death, bodily 
2.29 	harm, and substantial bodily harm);
2.30 	(29) section 609.235 (use of drugs to injure or facilitate crime);
2.31 	(30) section 609.24 (simple robbery);
2.32 	(31) section 609.245 (aggravated robbery);
2.33 	(32) section 609.25 (kidnapping);
2.34 	(33) section 609.255 (false imprisonment);
2.35 	(34) section 609.26 (depriving another of custodial or parental rights);
2.36 	(35) section 609.2661 (murder of an unborn child in the first degree);
3.1 	(36) section 609.2662 (murder of an unborn child in the second degree);
3.2 	(37) section 609.2663 (murder of an unborn child in the third degree);
3.3 	(38) section 609.2664 (manslaughter of an unborn child in the first degree);
3.4 	(39) section 609.2665 (manslaughter of an unborn child in the second degree);
3.5 	(40) section 609.267 (assault of an unborn child in the first degree);
3.6 	(41) section 609.2671 (assault of an unborn child in the second degree);
3.7 	(42) section 609.2672 (assault of an unborn child in the third degree);
3.8 	(43) section 609.268 (death or injury to an unborn child in the commission of 
3.9 	a crime);
3.10 	(44) section 609.27, subdivision 1, clause (1) (coercion with threat of bodily harm);
3.11 	(45) section 609.282 (labor trafficking);
3.12 	(46) section 609.324, subdivision 1 (engaging or hiring a minor to engage in 
3.13 	prostitution);
3.14 	(47) section 609.342 (criminal sexual conduct in the first degree);
3.15 	(48) section 609.343 (criminal sexual conduct in the second degree);
3.16 	(49) section 609.344 (criminal sexual conduct in the third degree);
3.17 	(50) section 609.345 (criminal sexual conduct in the fourth degree);
3.18 	(51) section 609.3451 (criminal sexual conduct in the fifth degree);
3.19 	(52) section 609.3453 (criminal sexual predatory conduct);
3.20 	(53) section 609.3455 (dangerous sex offenders-life sentence);
3.21 	(54) section 609.352 (solicitation of children to engage in sexual conduct);
3.22 	(55) section 609.365 (incest);
3.23 	(56) section 609.377 (malicious punishment of a child);
3.24 	(57) section 609.378 (neglect or endangerment of a child);
3.25 	(58) section 609.485, subdivision 4, paragraph (b) (escape with violence);
3.26 	(59) section 609.487, subdivision 4 (fleeing a peace officer resulting in death, great 
3.27 	bodily harm, or substantial bodily harm);
3.28 	(60) section 609.493 (solicitation of mentally impaired persons);
3.29 	(61) section 609.494 (solicitation of juveniles);
3.30 	(62) section 609.498, subdivision 1 (tampering with a witness);
3.31 	(63) section 609.50, subdivision 2 (obstructing legal process with foreseeable risk of 
3.32 	bodily harm);
3.33 	(64) section 609.561 (arson in the first degree);
3.34 	(65) section 609.562 (arson in the second degree);
3.35 	(66) section 609.582, subdivision 1, 2, or 3 (burglary in the first through third 
3.36 	degrees);
4.1 	(67) section 609.595, subdivision 1, clause (1) (damage to property with risk of 
4.2 	bodily harm);
4.3 	(68) section 609.66, subdivision 1a (discharge of a firearm involving intentional or 
4.4 	reckless endangerment of others);
4.5 	(69) section 609.66, subdivision 1e (drive-by shooting);
4.6 	(70) section 609.662 (duty to render aid, death or great or substantial bodily harm);
4.7 	(71) section 609.668 (explosive or incendiary devices);
4.8 	(72) section 609.67 (unlawfully owning, possessing, or operating a machine gun or 
4.9 	short-barreled shotgun);
4.10 	(73) section 609.687 (adulteration);
4.11 	(74) section 609.71 (riot);
4.12 	(75) section 609.712 (real and simulated weapons of mass destruction);
4.13 	(76) section 609.713 (terroristic threats);
4.14 	(77) section 609.714 (crimes committed in furtherance of terrorism);
4.15 	(78) section 609.748 (violation of harassment or restraining order);
4.16 	(79) section 609.749 (harassment and stalking);
4.17 	(80) section 609.855, subdivision 5 (shooting at a public transit vehicle or facility);
4.18 	(81) section 617.23 (indecent exposure);
4.19 	(82) section 617.246 (use of minors in sexual performance);
4.20 	(83) section 624.713, subdivision 1, paragraph (b) (possession of a pistol by a person 
4.21 	convicted of a crime of violence);
4.22 	(84) section 624.7181 (assault weapon in public);
4.23 	(85) section 624.732 (intentional release of harmful substance);
4.24 	(86) section 641.165 (bringing dangerous weapons into county jail); and 
4.25 	(87) an attempt or conspiracy to commit any of clauses (1) to (86).
4.26 	(c) "Supported by probable cause" means that a court has reviewed and signed 
4.27 	a criminal complaint or, if no complaint exists, there has been no hearing challenging 
4.28 	probable cause or a hearing has been held and a court has determined that the charge 
4.29 	is supported by probable cause.
4.30 	(d) "All pending actions and proceedings resolved in favor of the petitioner" means 
4.31 	a voluntary dismissal by the state, a verdict or finding of not guilty, or a judgment of 
4.32 	acquittal. It does not include any case in which a defendant pleaded guilty or tendered a 
4.33 	guilty plea, or a verdict of not guilty by reason of mental illness.

4.34 	Sec. 2. Minnesota Statutes 2006, section 609A.02, subdivision 3, is amended to read:
5.1 		Subd. 3.Certain criminal proceedings not resulting in a conviction.  An 
5.2 	automatic expungement may be granted under section 609A.021 or a petition may be filed 
5.3 	under section 609A.03 to seal all records relating to an arrest, indictment or information, 
5.4 	trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph 
5.5 	(b), and if all pending actions or proceedings were resolved in favor of the petitioner. 
5.6 	For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a 
5.7 	resolution in favor of the petitioner.

5.8 	Sec. 3. [609A.021] AUTOMATIC EXPUNGEMENT.
5.9 		Subdivision 1.Nonviolent crimes; arrests and dismissed charges. A law 
5.10 	enforcement agency must expunge the record of a person arrested for a crime that is 
5.11 	not a crime of violence:
5.12 	(1) that does not result in charges on or before one year of the date of the arrest; or
5.13 	(2) when charges are dismissed, on or after one year of the date of the dismissal of 
5.14 	charges. 
5.15 	The arresting law enforcement agency must notify the person, criminal justice 
5.16 	agencies referred to under section 13.02, subdivision 3a, and other state and local agencies 
5.17 	to which it has transmitted the record of the arrest or arrest and charges that the public 
5.18 	record has been expunged. The agency receiving notification must expunge the public 
5.19 	record of the arrest or arrest and charges as provided in this chapter. If the person is 
5.20 	charged after the arrest record is expunged, the arrest record must be reopened.
5.21 		Subd. 2.Continuances for dismissal; stays of adjudication. (a) A court must 
5.22 	expunge the public record of a person when the prosecutor has agreed to a continuance 
5.23 	for dismissal or a stay of adjudication and the person has met all the conditions of the 
5.24 	continuance or stay including, at a minimum, restitution, completion of the period of the 
5.25 	stay or continuance for dismissal, and the person has obtained a dismissal from the court. 
5.26 	The court must notify the person, criminal justice agencies referred to under section 13.02, 
5.27 	subdivision 3a, and other state and local agencies to which it has transmitted the record 
5.28 	of the continuance or stay that the public record has been expunged as provided in this 
5.29 	chapter. Where there is a conflict with the provisions of section 152.18, the provisions of 
5.30 	this subdivision prevail.
5.31 	(b) Notwithstanding other law to the contrary, an expunged disposition under section 
5.32 	152.18 is a predicate for the definition of a "subsequent controlled substance conviction" 
5.33 	under section 152.01, subdivision 16a, for the purposes of the mandatory minimum 
5.34 	sentences in subdivision 3, paragraph (b), of sections 152.021 to 152.025.
6.1 		Subd. 3.Diversion. A court must expunge the public record of a person when the 
6.2 	prosecutor has agreed to a diversion and the person has met all of the conditions of the 
6.3 	diversion including, at a minimum, restitution, completion of the period of diversion, 
6.4 	and the person has obtained a dismissal from the court or a charge declination from the 
6.5 	prosecutor. The court must notify the person, criminal justice agencies referred to under 
6.6 	section 13.02, subdivision 3a, and other state and local agencies to which it has transmitted 
6.7 	the record that the public record has been expunged. This subdivision does not apply to 
6.8 	arrests or charges for crimes requiring registration as a predatory offender under section 
6.9 	243.166, crimes related to weapons under sections 624.712 to 624.719, or to crimes of 
6.10 	violence.

6.11 	Sec. 4. [609A.022] ELIGIBILITY TO PETITION FOR EXPUNGEMENT.
6.12 	(a) A person may petition for expungement of the person's criminal record except 
6.13 	for a record of conviction of a crime of violence under section 609A.01, subdivision 2, 
6.14 	paragraph (a). A person is first eligible to petition after the date of successful completion 
6.15 	of the person's sentence as measured by the discharge from probation, supervised release, 
6.16 	or conditional release according to the following schedule:
6.17 	(1) for a felony, 15 years from the date of discharge from probation, supervised 
6.18 	release, or conditional release; and
6.19 	(2) for a gross misdemeanor or misdemeanor, ten years from the date of conviction.
6.20 	(b) When there is a conviction for a felony, gross misdemeanor, or targeted 
6.21 	misdemeanor subsequent to the person's criminal record petitioned for expungement, the 
6.22 	first date of eligibility to petition for expungement of the earlier conviction record is reset 
6.23 	to the date of successful completion of the terms of sentencing for the later conviction.
6.24 	(c) This section does not apply to crimes requiring registration as a predatory 
6.25 	offender under section 243.166; traffic offenses under chapters 169 and 169A; or one of 
6.26 	two or more charge counts that arise from the same set of facts, but the person pleads to 
6.27 	the lower level offense or any crime for which the court imposed a sentence which was an 
6.28 	aggravated departure from the guidelines or a statutorily enhanced or increased sentence.
6.29 	(d) An expunged conviction record is still a conviction for purposes of: 
6.30 	(1) registration as a predatory offender under section 243.166;
6.31 	(2) crimes related to weapons under sections 609.165 and 624.712 to 624.719;
6.32 	(3) any statute for which the charge or penalty is enhanced based on the prior record 
6.33 	or previous conduct of the person or any crime which has a mandatory minimum sentence 
6.34 	upon a second or subsequent conviction;
6.35 	(4) expungement proceedings under this chapter;
7.1 	(5) sentencing, including sentencing under the Minnesota Sentencing Guidelines;
7.2 	(6) subsequent prosecution;
7.3 	(7) other crime evidence;
7.4 	(8) impeachment;
7.5 	(9) probation; and
7.6 	(10) background checks by federal, state, and local government agencies.
7.7 	Records of arrests, dispositions, and convictions shall continue to be maintained by 
7.8 	the Bureau of Criminal Apprehension database and related databases as currently recorded 
7.9 	or upgraded even after expungement, but may be disclosed only to courts, prosecuting 
7.10 	agencies, and law enforcement and criminal justice agencies described in section 13.02, 
7.11 	subdivision 3a, without a court order.

7.12 	Sec. 5. [609A.023] ELIGIBILITY; PROBATION AND JUVENILES.
7.13 		Subdivision 1.Probation. A person on probation is eligible for expungement 
7.14 	of the public record after the person has successfully completed all the conditions of 
7.15 	probation including, at a minimum, restitution, payment of fines, completion of treatment, 
7.16 	completion of the period of probation, and has been discharged by the court. 
7.17 		Subd. 2.Juveniles. A person who was a juvenile of 16 or 17 years at the time of a 
7.18 	felony offense is eligible for expungement of public records of juvenile delinquency or 
7.19 	extended jurisdiction as provided in this chapter. 

7.20 	Sec. 6. Minnesota Statutes 2006, section 609A.03, subdivision 2, is amended to read:
7.21 		Subd. 2.Contents of petition. (a) A petition for expungement shall be signed under 
7.22 	oath by the petitioner and shall state the following:
7.23 	(1) the petitioner's full name and all other legal names or aliases by which the 
7.24 	petitioner has been known at any time;
7.25 	(2) the petitioner's date of birth;
7.26 	(3) all of the petitioner's addresses from the date of the offense or alleged offense in 
7.27 	connection with which an expungement order is sought, to the date of the petition;
7.28 	(4) why expungement is sought, if it is for employment or licensure purposes, the 
7.29 	statutory or other legal authority under which it is sought, and why it should be granted;
7.30 	(5) the details of the offense or arrest for which expungement is sought, including 
7.31 	the date and jurisdiction of the occurrence, either the names of any victims or that there 
7.32 	were no identifiable victims, whether there is a current order for protection, restraining 
7.33 	order, or other no contact order prohibiting the petitioner from contacting the victims or 
7.34 	whether there has ever been a prior order for protection or restraining order prohibiting the 
8.1 	petitioner from contacting the victims, the court file number, and the date of conviction 
8.2 	or of dismissal;
8.3 	(6) in the case of a conviction, what steps the petitioner has taken since the time of 
8.4 	the offense toward personal rehabilitation, including treatment, work, or other personal 
8.5 	history that demonstrates rehabilitation;
8.6 	(7) petitioner's criminal conviction record indicating all convictions for 
8.7 	misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable 
8.8 	convictions in any other state, federal court, or foreign country, whether the convictions 
8.9 	occurred before or after the arrest or conviction for which expungement is sought;
8.10 	(8) petitioner's criminal charges record indicating all prior and pending criminal 
8.11 	charges against the petitioner in this state or another jurisdiction, including all criminal 
8.12 	charges that have been continued for dismissal or stayed for adjudication, or have been the 
8.13 	subject of pretrial diversion; and
8.14 	(9) all prior requests by the petitioner, whether for the present offense or for any 
8.15 	other offenses, in this state or any other state or federal court, for pardon, return of arrest 
8.16 	records, or expungement or sealing of a criminal record, whether granted or not, and all 
8.17 	stays of adjudication or imposition of sentence involving the petitioner.
8.18 	(b) If there is a current order for protection, restraining order, or other no contact 
8.19 	order prohibiting the petitioner from contacting the victims or there has ever been a prior 
8.20 	order for protection or restraining order prohibiting the petitioner from contacting the 
8.21 	victims, the petitioner shall attach a copy of the order to the petition.
8.22 	(c) The petitioner shall attach a copy of the complaint or, if none, a copy of the 
8.23 	police reports of the offense to the petition.

8.24 	Sec. 7. Minnesota Statutes 2006, section 609A.03, subdivision 5, is amended to read:
8.25 		Subd. 5.Nature of remedy; standard; firearms restriction. (a) Except as 
8.26 	otherwise provided by paragraph (b), expungement of a criminal record is an extraordinary 
8.27 	remedy to be granted only upon clear and convincing evidence that it would yield a benefit 
8.28 	to the petitioner commensurate with the disadvantages to the public and public safety of:
8.29 	(1) sealing the record; and
8.30 	(2) burdening the court and public authorities to issue, enforce, and monitor an 
8.31 	expungement order.
8.32 	(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for 
8.33 	the sealing of a criminal record under section 609A.02, subdivision 3, the court shall grant 
8.34 	the petition to seal the record unless the agency or jurisdiction whose records would be 
9.1 	affected establishes by clear and convincing evidence that the interests of the public and 
9.2 	public safety outweigh the disadvantages to the petitioner of not sealing the record. 
9.3 	(c) If the court issues an expungement order it may require that the criminal record 
9.4 	be sealed, the existence of the record not be revealed, and the record not be opened except 
9.5 	as required under subdivision 7. Records must not be destroyed or returned to the subject 
9.6 	of the record under court order or statutory authority.

9.7 	Sec. 8. Minnesota Statutes 2006, section 609A.03, subdivision 6, is amended to read:
9.8 		Subd. 6.Order concerning controlled substance offenses; order for 
9.9 	expungement. If the court orders the sealing of the record of proceedings under section 
9.10 	152.18 or issues an order for expungement under this chapter, the effect of the order shall 
9.11 	be to restore the person, in the contemplation of the law, to the status the person occupied 
9.12 	before the arrest, indictment, or information, or conviction, except as otherwise provided 
9.13 	by law. The person shall not be held guilty of perjury or otherwise of giving a false 
9.14 	statement if the person fails to acknowledge the arrest, indictment, information, or trial in 
9.15 	response to any inquiry made for any purpose. 

9.16 	Sec. 9. Minnesota Statutes 2006, section 609A.03, subdivision 7, is amended to read:
9.17 		Subd. 7.Limitations of order. (a) Upon issuance of an expungement order related 
9.18 	to a charge supported by probable cause, the DNA samples and DNA records held by 
9.19 	the Bureau of Criminal Apprehension and collected under authority other than section 
9.20 	299C.105, shall not be sealed, returned to the subject of the record, or destroyed.
9.21 	(b) Notwithstanding the issuance of an expungement order:
9.22 	(1) an expunged record may be opened for purposes of a criminal investigation, 
9.23 	prosecution, or sentencing, upon an ex parte court order;
9.24 	(2) an expunged record of a conviction may be opened for purposes of evaluating a 
9.25 	prospective employee in a criminal justice agency without a court order; and
9.26 	(3) an expunged record of a conviction may be opened for purposes of a background 
9.27 	study under section 245C.08 unless the court order for expungement is directed 
9.28 	specifically to the commissioner of human services.
9.29 	Upon request by law enforcement, prosecution, or corrections authorities, an agency 
9.30 	or jurisdiction subject to an expungement order shall inform the requester of the existence 
9.31 	of a sealed record and of the right to obtain access to it as provided by this paragraph. For 
9.32 	purposes of this section, a "criminal justice agency" means courts or a government agency 
9.33 	that performs the administration of criminal justice under statutory authority.

10.1 	Sec. 10. Minnesota Statutes 2006, section 609A.03, subdivision 8, is amended to read:
10.2 		Subd. 8.Distribution of expungement orders. The court administrator shall 
10.3 	send a copy of an expungement order to each agency and jurisdiction whose records are 
10.4 	affected by the terms of the order criminal justice agencies referred to under section 13.02, 
10.5 	subdivision 3a, and other state and local agencies to which it has transmitted the criminal 
10.6 	record. The agency receiving the copy of the order must expunge its record.

10.7 	Sec. 11. [609A.04] APPLICATION, DISSEMINATION, AND RETENTION 
10.8 	OF EXPUNGED RECORDS.
10.9 	(a) An expungement under this chapter applies to records on a person held by the 
10.10 	court, criminal justice agencies referred to under section 13.02, subdivision 3a, and any 
10.11 	state or local agency.
10.12 	(b) A person's expunged record may be transmitted between and among criminal 
10.13 	justice agencies, referred to under section 13.02, subdivision 3a, and the courts without 
10.14 	a court order. 
10.15 	(c) The existence of an expunged criminal record shall not be revealed unless 
10.16 	allowed under this chapter or for a state or local agency to conduct a background check if 
10.17 	the agency provides a review process including, at a minimum, the right of the subject 
10.18 	of the expunged record to an administrative or judicial review to correct a possible error 
10.19 	in the expunged record.
10.20 	(d) An expunged record must not be destroyed or returned to the subject of the 
10.21 	record.

10.22 	Sec. 12. [609A.05] DISTRICT COURT AUTHORITY.
10.23 	A district court shall not order the expungement of state agency records relating to 
10.24 	criminal activity, except as provided under this chapter.

10.25 	Sec. 13. [609A.06] LIABILITY LIMITATION.
10.26 	A government entity or individuals employed by a government entity shall not have 
10.27 	civil or criminal liability for the unintentional, inadvertent, or mistaken disclosure of an 
10.28 	expunged criminal conviction or for the unintentional, inadvertent, or mistaken failure to 
10.29 	expunge any aspect of a criminal conviction for which expungement is required under this 
10.30 	chapter or a court order.

10.31 	Sec. 14.  REPEALER.
 10.32 	Minnesota Statutes 2006, section 609A.02, is repealed.