| 28 | | - | Introduction and first reading9201/16/2025 |
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| 29 | | - | Referred to Judiciary and Public Safety |
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| 30 | | - | Comm report: To pass as amended03/17/2025 |
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| 31 | | - | Second reading 2.1of those or any other statutes criminalizing the possession, sale, transportation, or cultivation |
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| 32 | | - | 2.2of marijuana or tetrahydrocannabinols; |
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| 33 | | - | 2.3 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily |
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| 34 | | - | 2.4harm on another, an attempt to inflict bodily harm on another, or an act committed with the |
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| 35 | | - | 2.5intent to cause fear in another of immediate bodily harm or death; |
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| 36 | | - | 2.6 (3) the act on which the charge was based would either be a lesser offense or no longer |
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| 37 | | - | 2.7be a crime after August 1, 2023; and |
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| 38 | | - | 2.8 (4) the person did not appeal the conviction, any appeal was denied, or the deadline to |
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| 39 | | - | 2.9file an appeal has expired. |
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| 40 | | - | 2.10 (b) A person is eligible for an expungement for any other offense charged along with |
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| 41 | | - | 2.11the underlying crime described in paragraph (a) if the charge was either dismissed or eligible |
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| 42 | | - | 2.12for expungement under section 609A.055. |
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| 43 | | - | 2.13 (c) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the |
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| 44 | | - | 2.14person was charged with a felony. |
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| 45 | | - | 2.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 46 | | - | 2.16 Sec. 2. Minnesota Statutes 2024, section 609A.06, subdivision 7, is amended to read: |
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| 47 | | - | 2.17 Subd. 7.Review and determination.(a) The Cannabis Expungement Board shall review |
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| 48 | | - | 2.18all available records to determine whether the conviction or stay of adjudication or charge |
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| 49 | | - | 2.19is eligible for an expungement or resentencing to a lesser offense. An expungement under |
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| 50 | | - | 2.20this section is presumed to be in the public interest unless there is clear and convincing |
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| 51 | | - | 2.21evidence that an expungement or resentencing to a lesser offense would create a risk to |
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| 52 | | - | 2.22public safety. |
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| 53 | | - | 2.23 (b) If the Cannabis Expungement Board determines that an expungement is in the public |
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| 54 | | - | 2.24interest, the board shall determine whether a person's conviction should be vacated and |
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| 55 | | - | 2.25charges should be dismissed. |
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| 56 | | - | 2.26 (c) If the Cannabis Expungement Board determines that an expungement is in the public |
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| 57 | | - | 2.27interest, the board shall determine whether the limitations under section 609A.03, subdivision |
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| 58 | | - | 2.285a, apply. |
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| 59 | | - | 2.29 (d) If the Cannabis Expungement Board determines that an expungement is in the public |
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| 60 | | - | 2.30interest, the board shall determine whether the limitations under section 609A.03, subdivision |
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| 61 | | - | 2.317a, paragraph (b), clause (5), apply. |
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| 62 | | - | 2Sec. 2. |
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| 63 | | - | S0204-1 1st EngrossmentSF204 REVISOR KLL 3.1 (e) If the Cannabis Expungement Board determines that an expungement is not in the |
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| 64 | | - | 3.2public interest, the board shall determine whether the person is eligible for resentencing to |
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| 65 | | - | 3.3a lesser offense. |
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| 66 | | - | 3.4 (f) In making a determination under this subdivision, the Cannabis Expungement Board |
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| 67 | | - | 3.5shall consider: |
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| 68 | | - | 3.6 (1) the nature and severity of the underlying crime, including but not limited to the total |
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| 69 | | - | 3.7amount of marijuana or tetrahydrocannabinols possessed by the person and whether the |
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| 70 | | - | 3.8offense involved a dangerous weapon, the intentional infliction of bodily harm on another, |
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| 71 | | - | 3.9an attempt to inflict bodily harm on another, or an act committed with the intent to cause |
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| 72 | | - | 3.10fear in another of immediate bodily harm or death; |
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| 73 | | - | 3.11 (2) whether an expungement or resentencing the person a lesser offense would increase |
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| 74 | | - | 3.12the risk, if any, the person poses to other individuals or society; |
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| 75 | | - | 3.13 (3) if the person is under sentence, whether an expungement or resentencing to a lesser |
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| 76 | | - | 3.14offense would result in the release of the person and whether release earlier than the date |
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| 77 | | - | 3.15that the person would be released under the sentence currently being served would present |
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| 78 | | - | 3.16a danger to the public or would be compatible with the welfare of society; |
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| 79 | | - | 3.17 (4) aggravating or mitigating factors relating to the underlying crime, including the |
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| 80 | | - | 3.18person's level of participation and the context and circumstances of the underlying crime; |
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| 81 | | - | 3.19 (5) statements from victims and law enforcement, if any; |
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| 82 | | - | 3.20 (6) if an expungement or resentencing the person to a lesser offense is considered, |
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| 83 | | - | 3.21whether there is good cause to restore the person's right to possess firearms and ammunition; |
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| 84 | | - | 3.22 (7) if an expungement is considered, whether an expunged record of a conviction or stay |
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| 85 | | - | 3.23of adjudication may be opened for purposes of a background check required under section |
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| 86 | | - | 3.24122A.18, subdivision 8; and |
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| 87 | | - | 3.25 (8) whether the person was also charged with other offenses in addition to the underlying |
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| 88 | | - | 3.26crime, the disposition of those other charges, and other factors deemed relevant by the |
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| 89 | | - | 3.27Cannabis Expungement Board. |
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| 90 | | - | 3.28 (g) In making a determination under this subdivision, the Cannabis Expungement Board |
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| 91 | | - | 3.29shall not consider the impact the expungement would have on the offender based on any |
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| 92 | | - | 3.30records held by the Department of Health; Department of Children, Youth, and Families; |
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| 93 | | - | 3.31or Department of Human Services. |
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| 94 | | - | 3.32 (h) The affirmative vote of three members is required for action taken at any meeting. |
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| 95 | | - | 3Sec. 2. |
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| 96 | | - | S0204-1 1st EngrossmentSF204 REVISOR KLL 4.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 97 | | - | 4.2 Sec. 3. Minnesota Statutes 2024, section 609A.06, subdivision 10, is amended to read: |
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| 98 | | - | 4.3 Subd. 10.Notice to judicial branch and offenders.(a) The Cannabis Expungement |
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| 99 | | - | 4.4Board shall identify any conviction or stay of adjudication or charge that qualifies for an |
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| 100 | | - | 4.5order of expungement or resentencing to a lesser offense and notify the judicial branch of: |
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| 101 | | - | 4.6 (1) the name and date of birth of a person whose conviction or stay of adjudication is |
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| 102 | | - | 4.7eligible for an order of expungement or resentencing to a lesser offense; |
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| 103 | | - | 4.8 (2) the court file number of the eligible conviction or stay of adjudication; |
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| 104 | | - | 4.9 (3) whether the person is eligible for an expungement; |
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| 105 | | - | 4.10 (4) if the person is eligible for an expungement, whether the person's conviction should |
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| 106 | | - | 4.11be vacated and charges should be dismissed; |
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| 107 | | - | 4.12 (5) if the person is eligible for an expungement, whether there is good cause to restore |
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| 108 | | - | 4.13the offender's right to possess firearms and ammunition; |
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| 109 | | - | 4.14 (6) if the person is eligible for an expungement, whether the limitations under section |
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| 110 | | - | 4.15609A.03, subdivision 7a, paragraph (b), clause (5), apply; and |
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| 111 | | - | 4.16 (7) if the person is eligible for an expungement, whether the expungement should also |
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| 112 | | - | 4.17apply to any other offenses charged in addition to the underlying crime; and |
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| 113 | | - | 4.18 (8) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be |
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| 114 | | - | 4.19imposed. |
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| 115 | | - | 4.20 (b) The Cannabis Expungement Board shall make a reasonable and good faith effort to |
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| 116 | | - | 4.21notify any person whose conviction or stay of adjudication qualifies for an order of |
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| 117 | | - | 4.22expungement that the offense qualifies and notice is being sent to the judicial branch. Notice |
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| 118 | | - | 4.23sent pursuant to this paragraph shall inform the person that, following the order of |
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| 119 | | - | 4.24expungement, any records of an arrest, conviction, or incarceration should not appear on |
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| 120 | | - | 4.25any background check or study. |
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| 121 | | - | 4.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 122 | | - | 4.27 Sec. 4. Minnesota Statutes 2024, section 609A.06, subdivision 12, is amended to read: |
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| 123 | | - | 4.28 Subd. 12.Order of expungement.(a) Upon receiving notice that an offense qualifies |
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| 124 | | - | 4.29for expungement, the court shall issue an order sealing all records relating to an arrest, |
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| 125 | | - | 4.30indictment or information, trial, verdict, or dismissal and discharge for an offense described |
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| 126 | | - | 4Sec. 4. |
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| 127 | | - | S0204-1 1st EngrossmentSF204 REVISOR KLL 5.1in subdivision 3, and any other offenses charged in addition to the underlying crime if |
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| 128 | | - | 5.2identified by the Cannabis Expungement Board as eligible for expungement. In addition, |
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| 129 | | - | 5.3the court shall order all records, including those pertaining to probation, incarceration, or |
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| 130 | | - | 5.4supervision, held by the Department of Corrections or local correctional officials sealed. |
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| 131 | | - | 5.5The courts shall not order the Department of Health; the Department of Children, Youth, |
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| 132 | | - | 5.6and Families; or the Department of Human Services to seal records under this section. If |
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| 133 | | - | 5.7the Cannabis Expungement Board determined that the person's conviction should be vacated |
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| 134 | | - | 5.8and charges should be dismissed, the order shall vacate and dismiss the charges. |
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| 135 | | - | 5.9 (b) If the Cannabis Expungement Board determined that there is good cause to restore |
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| 136 | | - | 5.10the person's right to possess firearms and ammunition, the court shall issue an order pursuant |
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| 137 | | - | 5.11to section 609.165, subdivision 1d. |
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| 138 | | - | 5.12 (c) If the Cannabis Expungement Board determined that an expunged record of a |
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| 139 | | - | 5.13conviction or stay of adjudication may not be opened for purposes of a background check |
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| 140 | | - | 5.14required under section 122A.18, subdivision 8, the court shall direct the order specifically |
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| 141 | | - | 5.15to the Professional Educator Licensing and Standards Board. |
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| 142 | | - | 5.16 (d) The court administrator shall send a copy of an expungement order issued under this |
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| 143 | | - | 5.17section to each agency and jurisdiction whose records are affected by the terms of the order |
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| 144 | | - | 5.18and send a letter to the last known address of the person whose offense has been expunged |
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| 145 | | - | 5.19identifying each agency to which the order was sent. |
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| 146 | | - | 5.20 (e) In consultation with the commissioner of human services, the court shall establish a |
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| 147 | | - | 5.21schedule on which it shall provide the commissioner of human services a list identifying |
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| 148 | | - | 5.22the name and court file number or, if no court file number is available, the citation number |
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| 149 | | - | 5.23of each record for a person who received an expungement under this section. |
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| 150 | | - | 5.24 (f) Data on the person whose offense has been expunged in a letter sent under this |
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| 151 | | - | 5.25subdivision are private data on individuals as defined in section 13.02, subdivision 12. |
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| 152 | | - | 5.26 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 153 | | - | 5Sec. 4. |
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| 154 | | - | S0204-1 1st EngrossmentSF204 REVISOR KLL |
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| 29 | + | Introduction and first reading01/16/2025 |
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| 30 | + | Referred to Judiciary and Public Safety 2.1 (2) the offense did not involve a dangerous weapon, the intentional infliction of bodily |
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| 31 | + | 2.2harm on another, an attempt to inflict bodily harm on another, or an act committed with the |
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| 32 | + | 2.3intent to cause fear in another of immediate bodily harm or death; |
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| 33 | + | 2.4 (3) the act on which the charge was based would either be a lesser offense or no longer |
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| 34 | + | 2.5be a crime after August 1, 2023; and |
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| 35 | + | 2.6 (4) the person did not appeal the conviction, any appeal was denied, or the deadline to |
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| 36 | + | 2.7file an appeal has expired. |
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| 37 | + | 2.8 (b) For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the |
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| 38 | + | 2.9person was charged with a felony. |
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| 39 | + | 2.10 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 40 | + | 2Section 1. |
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| 41 | + | 25-00782 as introduced11/27/24 REVISOR KLL/NS |
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