1.1 A bill for an act
1.2 relating to public safety; providing access to expunged conviction records of
1.3 applicants for licenses and positions in the private security industry; amending
1.4 Minnesota Statutes 2024, section 609A.03, subdivisions 7, 7a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 609A.03, subdivision 7, is amended to read:
1.7 Subd. 7.Limitations of order effective before January 1, 2015.(a) Upon issuance of
1.8an expungement order related to a charge supported by probable cause, the DNA samples
1.9and DNA records held by the Bureau of Criminal Apprehension and collected under authority
1.10other than section 299C.105, shall not be sealed, returned to the subject of the record, or
1.11destroyed.
1.12 (b) Notwithstanding the issuance of an expungement order:
1.13 (1) an expunged record may be opened for purposes of a criminal investigation,
1.14prosecution, or sentencing, upon an ex parte court order;
1.15 (2) an expunged record of a conviction may be opened for purposes of evaluating a
1.16prospective employee in a criminal justice agency without a court order; and
1.17 (3) an expunged record of a conviction may be opened for purposes of evaluating a
1.18current or prospective licensee under section 326.3381 or an employee of a license holder
1.19subject to a background check pursuant to section 326.336, subdivision 1, without a court
1.20order; and
1Section 1.
25-05130 as introduced03/21/25 REVISOR KLL/RC
SENATE
STATE OF MINNESOTA
S.F. No. 3262NINETY-FOURTH SESSION
(SENATE AUTHORS: HOWE)
OFFICIAL STATUSD-PGDATE
Introduction and first reading04/03/2025
Referred to Judiciary and Public Safety 2.1 (3) (4) an expunged record of a conviction may be opened for purposes of a background
2.2study under section 245C.08 unless the court order for expungement is directed specifically
2.3to the commissioner of human services.
2.4 Upon request by law enforcement, prosecution, or corrections authorities, an agency or
2.5jurisdiction subject to an expungement order shall inform the requester of the existence of
2.6a sealed record and of the right to obtain access to it as provided by this paragraph. For
2.7purposes of this section, a "criminal justice agency" means courts or a government agency
2.8that performs the administration of criminal justice under statutory authority.
2.9 (c) This subdivision applies to expungement orders subject to its limitations and effective
2.10before January 1, 2015.
2.11 Sec. 2. Minnesota Statutes 2024, section 609A.03, subdivision 7a, is amended to read:
2.12 Subd. 7a.Limitations of order effective January 1, 2015, and later.(a) Upon issuance
2.13of an expungement order related to a charge supported by probable cause, the DNA samples
2.14and DNA records held by the Bureau of Criminal Apprehension and collected under authority
2.15other than section 299C.105 shall not be sealed, returned to the subject of the record, or
2.16destroyed.
2.17 (b) Notwithstanding the issuance of an expungement order:
2.18 (1) except as provided in clause (2), an expunged record may be opened, used, or
2.19exchanged between criminal justice agencies without a court order for the purposes of
2.20initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
2.21purposes or providing probation or other correctional services;
2.22 (2) when a criminal justice agency seeks access to a record that was sealed under section
2.23609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
2.24for lack of probable cause, for purposes of a criminal investigation, prosecution, or
2.25sentencing, the requesting agency must obtain an ex parte court order after stating a
2.26good-faith basis to believe that opening the record may lead to relevant information;
2.27 (3) an expunged record of a conviction may be opened for purposes of evaluating a
2.28prospective employee in a criminal justice agency without a court order;
2.29 (4) an expunged record of a conviction may be opened for purposes of evaluating a
2.30current or prospective licensee under section 326.3381 or an employee of a license holder
2.31subject to a background check pursuant to section 326.336, subdivision 1, without a court
2.32order;
2Sec. 2.
25-05130 as introduced03/21/25 REVISOR KLL/RC 3.1 (4) (5) an expunged record of a conviction may be opened for purposes of a background
3.2study under section 245C.08 unless the commissioner had been properly served with notice
3.3of the petition for expungement and the court order for expungement is directed specifically
3.4to the commissioner of human services following proper service of a petition, or following
3.5proceedings under section 609A.017, 609A.025, or 609A.035 upon service of an order to
3.6the commissioner of human services;
3.7 (5) (6) an expunged record of a conviction may be opened for purposes of a background
3.8check required under section 122A.18, subdivision 8, unless the court order for expungement
3.9is directed specifically to the Professional Educator Licensing and Standards Board;
3.10 (6) (7) the court may order an expunged record opened upon request by the victim of
3.11the underlying offense if the court determines that the record is substantially related to a
3.12matter for which the victim is before the court;
3.13 (7) (8) a prosecutor may request, and the district court shall provide, certified records
3.14of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
3.15609A.025, and 609A.035, and the certified records of conviction may be disclosed and
3.16introduced in criminal court proceedings as provided by the rules of court and applicable
3.17law; and
3.18 (8) (9) the subject of an expunged record may request, and the court shall provide,
3.19certified or uncertified records of conviction for a record expunged pursuant to sections
3.20609A.015, 609A.017, 609A.02, 609A.025, and 609A.035.
3.21 (c) An agency or jurisdiction subject to an expungement order shall maintain the record
3.22in a manner that provides access to the record by a criminal justice agency under paragraph
3.23(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
3.24of Criminal Apprehension shall notify the commissioner of human services or the
3.25Professional Educator Licensing and Standards Board of the existence of a sealed record
3.26and of the right to obtain access under paragraph (b), clause (4) or (5) or (6). Upon request,
3.27the agency or jurisdiction subject to the expungement order shall provide access to the
3.28record to the commissioner of human services or the Professional Educator Licensing and
3.29Standards Board under paragraph (b), clause (4) or (5) or (6).
3.30 (d) An expunged record that is opened or exchanged under this subdivision remains
3.31subject to the expungement order in the hands of the person receiving the record.
3.32 (e) A criminal justice agency that receives an expunged record under paragraph (b),
3.33clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
3.34record to the investigation, prosecution, or sentencing for which it was obtained.
3Sec. 2.
25-05130 as introduced03/21/25 REVISOR KLL/RC 4.1 (f) For purposes of this section, a "criminal justice agency" means a court or government
4.2agency that performs the administration of criminal justice under statutory authority.
4.3 (g) This subdivision applies to expungement orders subject to its limitations and effective
4.4on or after January 1, 2015, and grants of expungement relief issued on or after January 1,
4.52025.
4Sec. 2.
25-05130 as introduced03/21/25 REVISOR KLL/RC