Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3262 Compare Versions

Only one version of the bill is available at this time.

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	3	1.3 applicants for licenses and positions in the private security industry; amending
4	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	22	25-05130 as introduced03/21/25 REVISOR KLL/RC
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 3262NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: HOWE)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading04/03/2025
29	29	Referred to Judiciary and Public Safety 2.1 (3) (4) an expunged record of a conviction may be opened for purposes of a background
30	30	2.2study under section 245C.08 unless the court order for expungement is directed specifically
31	31	2.3to the commissioner of human services.
32	32	2.4 Upon request by law enforcement, prosecution, or corrections authorities, an agency or
33	33	2.5jurisdiction subject to an expungement order shall inform the requester of the existence of
34	34	2.6a sealed record and of the right to obtain access to it as provided by this paragraph. For
35	35	2.7purposes of this section, a "criminal justice agency" means courts or a government agency
36	36	2.8that performs the administration of criminal justice under statutory authority.
37	37	2.9 (c) This subdivision applies to expungement orders subject to its limitations and effective
38	38	2.10before January 1, 2015.
39	39	2.11 Sec. 2. Minnesota Statutes 2024, section 609A.03, subdivision 7a, is amended to read:
40	40	2.12 Subd. 7a.Limitations of order effective January 1, 2015, and later.(a) Upon issuance
41	41	2.13of an expungement order related to a charge supported by probable cause, the DNA samples
42	42	2.14and DNA records held by the Bureau of Criminal Apprehension and collected under authority
43	43	2.15other than section 299C.105 shall not be sealed, returned to the subject of the record, or
44	44	2.16destroyed.
45	45	2.17 (b) Notwithstanding the issuance of an expungement order:
46	46	2.18 (1) except as provided in clause (2), an expunged record may be opened, used, or
47	47	2.19exchanged between criminal justice agencies without a court order for the purposes of
48	48	2.20initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
49	49	2.21purposes or providing probation or other correctional services;
50	50	2.22 (2) when a criminal justice agency seeks access to a record that was sealed under section
51	51	2.23609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
52	52	2.24for lack of probable cause, for purposes of a criminal investigation, prosecution, or
53	53	2.25sentencing, the requesting agency must obtain an ex parte court order after stating a
54	54	2.26good-faith basis to believe that opening the record may lead to relevant information;
55	55	2.27 (3) an expunged record of a conviction may be opened for purposes of evaluating a
56	56	2.28prospective employee in a criminal justice agency without a court order;
57	57	2.29 (4) an expunged record of a conviction may be opened for purposes of evaluating a
58	58	2.30current or prospective licensee under section 326.3381 or an employee of a license holder
59	59	2.31subject to a background check pursuant to section 326.336, subdivision 1, without a court
60	60	2.32order;
61	61	2Sec. 2.
62	62	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
63	63	3.2study under section 245C.08 unless the commissioner had been properly served with notice
64	64	3.3of the petition for expungement and the court order for expungement is directed specifically
65	65	3.4to the commissioner of human services following proper service of a petition, or following
66	66	3.5proceedings under section 609A.017, 609A.025, or 609A.035 upon service of an order to
67	67	3.6the commissioner of human services;
68	68	3.7 (5) (6) an expunged record of a conviction may be opened for purposes of a background
69	69	3.8check required under section 122A.18, subdivision 8, unless the court order for expungement
70	70	3.9is directed specifically to the Professional Educator Licensing and Standards Board;
71	71	3.10 (6) (7) the court may order an expunged record opened upon request by the victim of
72	72	3.11the underlying offense if the court determines that the record is substantially related to a
73	73	3.12matter for which the victim is before the court;
74	74	3.13 (7) (8) a prosecutor may request, and the district court shall provide, certified records
75	75	3.14of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
76	76	3.15609A.025, and 609A.035, and the certified records of conviction may be disclosed and
77	77	3.16introduced in criminal court proceedings as provided by the rules of court and applicable
78	78	3.17law; and
79	79	3.18 (8) (9) the subject of an expunged record may request, and the court shall provide,
80	80	3.19certified or uncertified records of conviction for a record expunged pursuant to sections
81	81	3.20609A.015, 609A.017, 609A.02, 609A.025, and 609A.035.
82	82	3.21 (c) An agency or jurisdiction subject to an expungement order shall maintain the record
83	83	3.22in a manner that provides access to the record by a criminal justice agency under paragraph
84	84	3.23(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
85	85	3.24of Criminal Apprehension shall notify the commissioner of human services or the
86	86	3.25Professional Educator Licensing and Standards Board of the existence of a sealed record
87	87	3.26and of the right to obtain access under paragraph (b), clause (4) or (5) or (6). Upon request,
88	88	3.27the agency or jurisdiction subject to the expungement order shall provide access to the
89	89	3.28record to the commissioner of human services or the Professional Educator Licensing and
90	90	3.29Standards Board under paragraph (b), clause (4) or (5) or (6).
91	91	3.30 (d) An expunged record that is opened or exchanged under this subdivision remains
92	92	3.31subject to the expungement order in the hands of the person receiving the record.
93	93	3.32 (e) A criminal justice agency that receives an expunged record under paragraph (b),
94	94	3.33clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
95	95	3.34record to the investigation, prosecution, or sentencing for which it was obtained.
96	96	3Sec. 2.
97	97	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
98	98	4.2agency that performs the administration of criminal justice under statutory authority.
99	99	4.3 (g) This subdivision applies to expungement orders subject to its limitations and effective
100	100	4.4on or after January 1, 2015, and grants of expungement relief issued on or after January 1,
101	101	4.52025.
102	102	4Sec. 2.
103	103	25-05130 as introduced03/21/25 REVISOR KLL/RC