This bill overview contains amendments to laws relating to expungement of records. Key features include expansion of judicial authority to expunge juvenile records and expansion of the scope of statutory expungement under chapter 609A to include certain convictions. More detailed criteria to be considered by courts in granting expungement requests are added and provisions allowing sharing of expunged records between criminal justice agencies are included.

Section 1 amends the juvenile records expungement statute to give courts authority to expunge all records relating to the arrest and delinquency proceedings, rather than just the adjudication of delinquency. This is in response to the decision of the Minnesota Supreme Court in the J.J.P. case, 831 N.W.2d 260 (Minn. 2013), in which it interpreted the statute as applicable only to the adjudication record and not additional documents, such as arrest and investigative records. The most significant effect of this amendment would be to give courts authority to expunge these delinquency records when held by executive branch entities. In addition, the standard to be applied by the court is more clearly delineated and a list of factors to be considered is included.

Sharing of expunged juvenile records between criminal justice agencies is authorized, consistent with the new provisions governing adult records in section 7, and the statute governing appeals of adult expungements would apply.

Section 2 amends the law governing business screening services to require a business screening service that knows a criminal record has been sealed, expunged, or is the subject of a pardon to promptly delete the record. While this may be implied under current law, it is not explicitly stated (in contrast, there is specific language in Minnesota Statutes, section 504B.241, subdivision 4, governing residential tenant screening services).

Section 3 amends the eviction law to explicitly give the court authority to expunge records relating to the action at the time judgment is entered or after that time in certain cases where the defendant prevailed. The effect of this amendment is to allow the defendant to move for an expungement as part of the eviction proceeding, rather than bringing a separate petition or motion under section 484.014, which is the general law governing expungmenet of eviction records.

Section 4 amends the general law governing the circumstances under which criminal records may be expunged. Under current law, an expungement petition may be brought only when authorized under law. The grounds for an order under Minnesota Statutes, section 609A.02, include certain controlled substance offenses, juveniles prosecuted as adults, and criminal proceedings resolved in favor of the petitioner. Under paragraph (a), three new categories of criminal proceedings or convictions are added: 

• petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the program or stay of adjudication;
• petitioner was convicted of or received a stayed sentence for a petty misdemeanor, misdemeanor, or gross misdemeanor and has not been convicted of a new crime for at least three years since discharge of the sentence; or
• petitioner was convicted of or received a stayed sentence for a felony violation of an offense listed in paragraph (b) and has not been convicted of a new crime for at least five years since discharge of the sentence. 

Paragraph (b) lists the felonies that would be eligible for expungement. It includes those that are a severity level 1 or 2 under the Sentencing Guidelines, other than those that are crimes of violence for purposes of permit to carry disqualifications and codified in chapter 609.

Section 5 provides for expungement without the filing of a petition in certain cases where the prosecutor agrees to the sealing of a criminal record, unless the court determines that the interests of public safety in keeping the record outweigh the disadvantages to the subject. It would apply to the categories of persons authorized to seek an expungement under Minnesota Statutes, section 609A.02, subdivision 3 (see section 4). A victim notification requirement is included. 

Section 6 amends the law governing waiver of the filing fee for expungement petitions. Waiver of the fee in cases not involving indigency would not include the new categories eligible for expungement under section 4.

Section 7 amends the law governing the standards for granting an expungement. The general rule under current law is that the petitioner has the burden of proving by clear and convincing evidence that expungement would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of sealing the record and burdening the court and other authorities. However, in cases where the proceedings were resolved in favor of the petitioner, the burden of proof switches to the agency or jurisdiction whose records would be affected. This amendment would add cases where the petitioner has successfully completed the terms of a diversion program or stay of adjudication to the situations where the agency has the burden of proof. For the other new categories in section 4, the petitioner would continue to have the burden of proof. This section also includes additional factors to be considered by the court in making its determination. New language clarifies that an expungement order seals a record, regardless of whether it would otherwise be public law enforcement or criminal history data or public under other law. 

Section 8 amends the law governing access to expunged records. The amendments in paragraph (b) allow the exchange of expunged records between criminal justice agencies, similar to the current authority for the exchange of law enforcement data under Minnesota Statutes, section 13.82, subdivision 24. This replaces and expands current law, which authorizes opening an expunged record for a criminal investigation, prosecution, or sentencing but requires an ex parte court order. Consistent with the new provision allowing the exchange of expunged records, paragraph (c) requires an agency or jurisdiction subject to an order to maintain the record in a manner that provides access by a criminal justice agency but informs the recipient that the record is sealed.

If a request is made by the commissioner of human services, the commissioner must be notified of the existence of the record and of the right to obtain access to it. Language is added explicitly stating that an expunged record remains subject to the expungement order in the hands of the person receiving it.

Paragraph (d) requires a criminal justice agency that receives an expunged record to destroy the record when the investigation becomes inactive or it is no longer needed for the purpose for which it was obtained.

Section 9 expands the current requirements related to distribution of expungement orders to require court administrators to notify petitioners of the entities that received the order and to require those entities to send a letter to the petitioner confirming that the record is expunged. Data on the petitioners in these letters is classified as private data.

Section 10 includes a civil remedy for individuals whose expunged record is opened or exchanged in a manner not authorized by law. The remedy under the Data Practices Act would apply, which includes damages and reasonable attorney fees and, for willful violations, exemplary damages of $1,000 to $15,000.