SF3262

Purpose of the Bill

This bill addresses the accessibility of expunged conviction records for applicants seeking licenses and positions within the private security industry. It aims to amend existing Minnesota statutes to allow certain parties to access these records even after they have been expunged.

Main Provisions

• Access to Expunged Records: The bill outlines specific instances where expunged records can be accessed without a court order:

  • For evaluating potential employees in a criminal justice agency.
  • For evaluating current or prospective license holders in the security industry, as well as their employees, during background checks.
  • For background studies conducted under certain sections unless the expungement order is directed to specific governmental bodies like the Department of Human Services.

• Procedure for Record Access by Criminal Justice Agencies: Criminal justice agencies can request access to expunged records for furtherance of criminal investigations, prosecutions, or sentencing. These agencies must justify their request with an ex parte court order, except for certain evaluation purposes.

Significant Changes to Existing Law

• The bill modifies the limitations on who can access expunged records. It expands the parties that can open an expunged record without a court order to include those conducting background checks for private security licenses.
• It changes the conditions under which background checks requiring access to expunged records can be conducted, specifying which expunged records can be accessed and by whom.

Relevant Terms

• Expungement
• Conviction records
• Private security industry
• Background check
• Criminal justice agency
• Court order
• Bureau of Criminal Apprehension