Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2825 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to public safety; providing access to expunged conviction records of
3		-	1.3 applicants for licenses and positions in the private security ~~and private detective~~
4		-	1.4 ~~industry; amending~~ Minnesota Statutes 2024, section 609A.03, subdivisions 7, 7a.
	3	+	1.3 applicants for licenses and positions in the private security industry; amending
	4	+	1.4 Minnesota Statutes 2024, section 609A.03, subdivisions 7, 7a.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6		1.6 Section 1. Minnesota Statutes 2024, section 609A.03, subdivision 7, is amended to read:
7	7		1.7 Subd. 7.Limitations of order effective before January 1, 2015.(a) Upon issuance of
8	8		1.8an expungement order related to a charge supported by probable cause, the DNA samples
9	9		1.9and DNA records held by the Bureau of Criminal Apprehension and collected under authority
10	10		1.10other than section 299C.105, shall not be sealed, returned to the subject of the record, or
11	11		1.11destroyed.
12	12		1.12 (b) Notwithstanding the issuance of an expungement order:
13	13		1.13 (1) an expunged record may be opened for purposes of a criminal investigation,
14	14		1.14prosecution, or sentencing, upon an ex parte court order;
15	15		1.15 (2) an expunged record of a conviction may be opened for purposes of evaluating a
16	16		1.16prospective employee in a criminal justice agency without a court order; and
17	17		1.17 (3) an expunged record of a conviction may be opened for purposes of evaluating a
18	18		1.18current or prospective licensee under section 326.3381 or an employee of a license holder
19	19		1.19subject to a background check pursuant to section 326.336, subdivision 1, without a court
20	20		1.20order; and
21	21		1Section 1.
22		-	REVISOR KLL ~~H2825-1~~~~HF2825 FIRST ENGROSSMENT~~
	22	+	REVISOR KLL/RC 25-0513003/21/25
23	23		State of Minnesota
24	24		This Document can be made available
25	25		in alternative formats upon request
26	26		HOUSE OF REPRESENTATIVES
27	27		H. F. No. 2825
28	28		NINETY-FOURTH SESSION
29	29		Authored by Hudson03/26/2025
30		-	The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
31		-	Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law04/03/2025 2.1 (3) (4) an expunged record of a conviction may be opened for purposes of a background
	30	+	The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy 2.1 (3) (4) an expunged record of a conviction may be opened for purposes of a background
32	31		2.2study under section 245C.08 unless the court order for expungement is directed specifically
33	32		2.3to the commissioner of human services.
34	33		2.4 Upon request by law enforcement, prosecution, or corrections authorities, an agency or
35	34		2.5jurisdiction subject to an expungement order shall inform the requester of the existence of
36	35		2.6a sealed record and of the right to obtain access to it as provided by this paragraph. For
37	36		2.7purposes of this section, a "criminal justice agency" means courts or a government agency
38	37		2.8that performs the administration of criminal justice under statutory authority.
39	38		2.9 (c) This subdivision applies to expungement orders subject to its limitations and effective
40	39		2.10before January 1, 2015.
41	40		2.11 Sec. 2. Minnesota Statutes 2024, section 609A.03, subdivision 7a, is amended to read:
42	41		2.12 Subd. 7a.Limitations of order effective January 1, 2015, and later.(a) Upon issuance
43	42		2.13of an expungement order related to a charge supported by probable cause, the DNA samples
44	43		2.14and DNA records held by the Bureau of Criminal Apprehension and collected under authority
45	44		2.15other than section 299C.105 shall not be sealed, returned to the subject of the record, or
46	45		2.16destroyed.
47	46		2.17 (b) Notwithstanding the issuance of an expungement order:
48	47		2.18 (1) except as provided in clause (2), an expunged record may be opened, used, or
49	48		2.19exchanged between criminal justice agencies without a court order for the purposes of
50	49		2.20initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
51	50		2.21purposes or providing probation or other correctional services;
52	51		2.22 (2) when a criminal justice agency seeks access to a record that was sealed under section
53	52		2.23609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
54	53		2.24for lack of probable cause, for purposes of a criminal investigation, prosecution, or
55	54		2.25sentencing, the requesting agency must obtain an ex parte court order after stating a
56	55		2.26good-faith basis to believe that opening the record may lead to relevant information;
57	56		2.27 (3) an expunged record of a conviction may be opened for purposes of evaluating a
58	57		2.28prospective employee in a criminal justice agency without a court order;
59	58		2.29 (4) an expunged record of a conviction may be opened for purposes of evaluating a
60	59		2.30current or prospective licensee under section 326.3381 or an employee of a license holder
61	60		2.31subject to a background check pursuant to section 326.336, subdivision 1, without a court
62	61		2.32order;
63	62		2Sec. 2.
64		-	REVISOR KLL ~~H2825-1~~~~HF2825 FIRST ENGROSSMENT~~ 3.1 (4) (5) an expunged record of a conviction may be opened for purposes of a background
	63	+	REVISOR KLL/RC 25-0513003/21/25 3.1 (4) (5) an expunged record of a conviction may be opened for purposes of a background
65	64		3.2study under section 245C.08 unless the commissioner had been properly served with notice
66	65		3.3of the petition for expungement and the court order for expungement is directed specifically
67	66		3.4to the commissioner of human services following proper service of a petition, or following
68	67		3.5proceedings under section 609A.017, 609A.025, or 609A.035 upon service of an order to
69	68		3.6the commissioner of human services;
70	69		3.7 (5) (6) an expunged record of a conviction may be opened for purposes of a background
71	70		3.8check required under section 122A.18, subdivision 8, unless the court order for expungement
72	71		3.9is directed specifically to the Professional Educator Licensing and Standards Board;
73	72		3.10 (6) (7) the court may order an expunged record opened upon request by the victim of
74	73		3.11the underlying offense if the court determines that the record is substantially related to a
75	74		3.12matter for which the victim is before the court;
76	75		3.13 (7) (8) a prosecutor may request, and the district court shall provide, certified records
77	76		3.14of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
78	77		3.15609A.025, and 609A.035, and the certified records of conviction may be disclosed and
79	78		3.16introduced in criminal court proceedings as provided by the rules of court and applicable
80	79		3.17law; and
81	80		3.18 (8) (9) the subject of an expunged record may request, and the court shall provide,
82	81		3.19certified or uncertified records of conviction for a record expunged pursuant to sections
83	82		3.20609A.015, 609A.017, 609A.02, 609A.025, and 609A.035.
84	83		3.21 (c) An agency or jurisdiction subject to an expungement order shall maintain the record
85	84		3.22in a manner that provides access to the record by a criminal justice agency under paragraph
86	85		3.23(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
87	86		3.24of Criminal Apprehension shall notify the commissioner of human services or the
88	87		3.25Professional Educator Licensing and Standards Board of the existence of a sealed record
89	88		3.26and of the right to obtain access under paragraph (b), clause (4) or (5) or (6). Upon request,
90	89		3.27the agency or jurisdiction subject to the expungement order shall provide access to the
91	90		3.28record to the commissioner of human services or the Professional Educator Licensing and
92	91		3.29Standards Board under paragraph (b), clause (4) or (5) or (6).
93	92		3.30 (d) An expunged record that is opened or exchanged under this subdivision remains
94	93		3.31subject to the expungement order in the hands of the person receiving the record.
95	94		3.32 (e) A criminal justice agency that receives an expunged record under paragraph (b),
96	95		3.33clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
97	96		3.34record to the investigation, prosecution, or sentencing for which it was obtained.
98	97		3Sec. 2.
99		-	REVISOR KLL ~~H2825-1~~~~HF2825 FIRST ENGROSSMENT~~ 4.1 (f) For purposes of this section, a "criminal justice agency" means a court or government
	98	+	REVISOR KLL/RC 25-0513003/21/25 4.1 (f) For purposes of this section, a "criminal justice agency" means a court or government
100	99		4.2agency that performs the administration of criminal justice under statutory authority.
101	100		4.3 (g) This subdivision applies to expungement orders subject to its limitations and effective
102	101		4.4on or after January 1, 2015, and grants of expungement relief issued on or after January 1,
103	102		4.52025.
104	103		4Sec. 2.
105		-	REVISOR KLL ~~H2825-1~~~~HF2825 FIRST ENGROSSMENT~~
	104	+	REVISOR KLL/RC 25-0513003/21/25