Minnesota 2023-2024 Regular Session

Minnesota House Bill HF1083

Introduced
1/30/23  
Refer
1/30/23  
Refer
2/16/23  

Caption

Background studies conducted by the Department of Human Services and county agencies for family child care services for expungements modified, and criminal record expungement authorized without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity.

Impact

If enacted, HF1083 would introduce significant changes to Minnesota Statutes, particularly regarding the background checks for individuals seeking to work in child care settings. By allowing automatic expungements under certain conditions, the bill simplifies the process for those whose records have been incorrectly associated with crimes. The goal is to ensure that mistaken identity does not prevent qualified individuals from gaining employment in sensitive roles like child care, thus promoting a more equitable system.

Summary

House File 1083 aims to modify the existing background study requirements conducted by the Department of Human Services and county agencies, specifically targeting family child care services. The bill authorizes the expungement of criminal records without the necessity of filing a petition for individuals who have been wrongly identified as guilty due to identity theft or mistaken identity. This measure is intended to streamline the process for those unfairly burdened with criminal records that do not reflect their actual conduct, thereby enhancing public safety and fairness in the criminal justice system.

Sentiment

General sentiment surrounding HF1083 appears to be supportive, particularly among advocates for individuals impacted by identity theft and wrongful accusations. Supporters argue that the bill is a necessary reform that addresses injustices in the legal system, providing relief for those who have faced significant barriers due to erroneous criminal records. However, there may also be concerns raised by law enforcement and public safety groups regarding the processes used to verify identity, as there could be implications for how background checks are conducted.

Contention

Notable points of contention surrounding HF1083 may include discussions around the balance between public safety and the rights of individuals. While supporters highlight the importance of protecting innocent people from the repercussions of mistakes in the criminal justice system, opponents may question the potential risks associated with automatic expungements. The effectiveness of identity verification processes and the qualifications of individuals seeking to work in child-related fields are likely to be key issues debated during the bill's progression through the legislative process.

Companion Bills

MN SF498

Similar To Expungement of criminal records without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity authorization

Previously Filed As

MN HF1084

Criminal records sealing upon granting a pardon extraordinary authorized, and conforming changes made in human services background studies for expungement orders.

MN SF498

Expungement of criminal records without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity authorization

MN HF753

Individuals subject to human services background studies with expunged criminal records disqualification prohibited.

MN SF395

Disqualification prohibition of individuals subject to human services background studies with expunged criminal records

MN HF4393

Department of Human Services Office of Inspector General policy bill; human services licensing, background studies, provider notification, substance use disorder medication, and electronic signature provisions modified.

MN HF2712

Procedure for sanctions modified, Department of Human Services background studies modified, applications and application process modified, license fees modified, commissioner access to recipient medical records modified, notice requirements for monetary recovery and sanctions modified, administrative reconsideration process modified, licensing data modified, email address privacy modified, and prone restraints in licensed or certified facilities prohibited.

MN SF4332

Disqualification prohibition of individuals subject to human services background studies with expunged criminal records

MN HF4676

Disqualification of individuals subject to human services background studies with expunged criminal records prohibited.

MN SF1048

Disqualification prohibition of individuals subject to human services background studies with expunged criminal records

MN SF2819

Department of Human Services policy provisions modification

Similar Bills

NJ A2502

The "Uniform Criminal Records Accuracy Act."

NJ A3755

The "Uniform Criminal Records Accuracy Act."

MN HF4311

Child welfare; summer camp program certification required.

MN SF4321

Summer camp programs certification requirement provision

CA AB3211

California Digital Content Provenance Standards.

MN HF4393

Department of Human Services Office of Inspector General policy bill; human services licensing, background studies, provider notification, substance use disorder medication, and electronic signature provisions modified.

MN SF4665

Department of Human Services Office of Inspector general policy bill

MN HF2890

Public safety finance and policy bill.