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S.F. No. 3172 - Prohibiting Disqualification of Individuals Based on a Record of Conviction that was Expunged
 
Author: Senator Bobby Joe Champion
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 20, 2018



 

This bill modifies provisions in the Department of Human Services background study chapter of law, specifically prohibiting the disqualification of an individual based on a record of conviction that was expunged.

Section 1 (245C.14) prohibits the commissioner from disqualifying an individual from direct contact or access to a person receiving services from a license holder based on a record of conviction that was expunged or any underlying fact of an element of the expunged conviction.

Section 2 (245C.15, subd. 6) adds a new subdivision in the section of law listing the disqualifying crimes in the background study chapter of law.  The new language states that the commissioner shall not disqualify an individual subject to a background study based on a record of conviction that was expunged or any underlying fact of an element of the expunged conviction.

Section 3 (245C.16, subd. 1) modifies the law in which the commissioner determines immediate risk of harm to persons served by a program.  The new language provides that this section does not apply to a background study subject who has a conviction that was expunged.

Section 4 (245C.24, subd. 5) adds a new subdivision to the section of law relating to setting aside a disqualification or requesting a variance.  The new subdivision states that the commissioner shall not disqualify an individual subject to a background study based on a record of conviction that was expunged.

 
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