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HF2825 (Legislative Session 94 (2025-2026))

Access to expunged conviction records of applicants for licenses and positions in private security and private detective industry provided.

Related bill: SF3262

AI Generated Summary

Purpose of the Bill

  • The bill aims to update laws regarding access to expunged criminal conviction records.
  • It specifically targets individuals applying for licenses or positions in the private security industry.

Main Provisions

  • The bill amends current Minnesota laws to allow certain parties to access expunged records without a court order.
  • It specifies that expunged conviction records can be opened for the evaluation of:
    • Prospective employees in criminal justice agencies.
    • Current or prospective licensees or employees in the private security industry.
    • Background checks for individuals in criminal justice roles or educational fields.
  • It ensures that expunged records can be accessed by criminal justice agencies for ongoing investigations, prosecutions, and sentencing under certain conditions.
  • It allows victims of the underlying offense to request records if relevant to their current court matters.

Significant Changes to Existing Law

  • Allows private security industry background checks access to expunged records.
  • Expands access to include evaluations for licenses and employment in certain sectors.
  • Clarifies the conditions under which expunged records may be accessed by criminal justice agencies.
  • Specifies notification requirements for agencies about the existence of sealed records.
  • Effective dates are adjusted to include expungement orders after January 1, 2025.

Relevant Terms

  • Expungement, Expunged Conviction Records, Private Security Industry, Background Check, Criminal Justice Agency, Licensee, Probable Cause, Victim Rights, Bureau of Criminal Apprehension.

Bill text versions

Past committee meetings

Actions

DateChamberWhereTypeNameCommittee Name
March 25, 2025HouseFloorActionIntroduction and first reading, referred toPublic Safety Finance and Policy
April 02, 2025HouseFloorActionCommittee report, to adopt as amended and re-refer toJudiciary Finance and Civil Law
April 02, 2025HouseFloorActionCommittee report, to adopt as amended and re-refer toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill modifies the limitations on expungement orders effective before January 1, 2015, under section 609A.03.",
      "modified": [
        "This section clarifies the circumstances under which expunged records may be accessed by criminal justice agencies, license evaluators, and for background checks."
      ]
    },
    "citation": "609A.03",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill modifies the limitations on expungement orders effective January 1, 2015, and later under section 609A.03.",
      "modified": [
        "This section details the conditions under which expunged records can be opened, the parties entitled to request them, and the obligations of agencies in handling such records."
      ]
    },
    "citation": "609A.03",
    "subdivision": "subdivision 7a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References DNA records collected under authority other than section 299C.105.",
      "modified": [
        "Specifies that DNA records related to expunged cases are not to be sealed, returned, or destroyed."
      ]
    },
    "citation": "299C.105",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for evaluating a current or prospective licensee under section 326.3381.",
      "modified": [
        "Clarifies that expunged records can be opened for license evaluations without a court order."
      ]
    },
    "citation": "326.3381",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for employee background checks under section 326.336, subdivision 1.",
      "modified": [
        "Allows access to expunged records without court order for conducting background checks on license holder employees."
      ]
    },
    "citation": "326.336",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be opened for purposes of a background study under section 245C.08.",
      "modified": [
        "Specifies conditions under which background studies can access expunged records."
      ]
    },
    "citation": "245C.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for background checks required under section 122A.18, subdivision 8.",
      "modified": [
        "Outlines when access to expunged records for educational background checks can be granted without a court order."
      ]
    },
    "citation": "122A.18",
    "subdivision": "subdivision 8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for proceedings following section 609A.017.",
      "modified": [
        "References expungement petitions and the release of records after proceedings under section 609A.017."
      ]
    },
    "citation": "609A.017",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for proceedings following section 609A.025.",
      "modified": [
        "Covers conditions under which expunged records are made available in expungement petition cases."
      ]
    },
    "citation": "609A.025",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Expunged records may be accessed for proceedings following section 609A.035.",
      "modified": [
        "Mentions maintaining and accessing records post-expungement following proceedings under section 609A.035."
      ]
    },
    "citation": "609A.035",
    "subdivision": ""
  }
]

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