SF4501

Purpose

To update rules about who can access expunged criminal records and when, specifically to allow the Legislative Auditor or State Auditor to access expunged convictions for evaluating hiring candidates, and to adjust how expungement orders can be opened or shared in certain situations.

Main Provisions

• Expunged records and hiring decisions

  • The bill explicitly allows the Legislative Auditor or State Auditor to access expunged criminal records and use them in hiring decisions, including disqualifying a candidate if the expunged conviction is directly related to the position.
  • This access is described as permitted “in connection with evaluation of final candidates for employment” for these two offices.
  • The new provision sits alongside existing limits that still require background checks or restrict access in certain licensing or employment contexts.

• Exceptions to licensing and background-check rules

  • Several licensing and licensing-background processes are carved out from this chapter, meaning the new expungement access rules do not apply to many traditional licensing paths (e.g., peace officers, fire protection, private detectives, school bus drivers, certain professional licenses, etc.).
  • Other agency-specific processes and protections remain in place, and some types of licenses or employment still require other criminal-history rules.

• Interaction with expunged records and court orders

  • The bill expands when expunged records can be opened, used, or exchanged between criminal-justice agencies without a court order for specific investigative, prosecutorial, sentencing, or probation purposes.
  • In certain situations (e.g., after acquittals or dismissals for lack of probable cause), an ex parte court order is required to access expunged records.
  • For evaluating prospective or final candidates in specific settings (including for the Office of the Legislative Auditor or the State Auditor), an expunged record may be opened without a court order.
  • Victims may request the court to open an expunged record if the record is substantially related to the matter before the court.

• DNA data and expungement orders

  • DNA samples and DNA records collected under certain conditions are not sealed, returned, or destroyed when an expungement order is issued.
  • The bill clarifies how expunged records may be opened or shared while balancing needs for investigations, prosecutions, sentencing, and certain background checks.

• Notification and safeguards

  • Agencies that receive expunged records must maintain them in a way that limits use to the original purpose and must notify recipients if a record has been sealed.
  • Some agencies (e.g., the Bureau of Criminal Apprehension, the Commissioner of Human Services, the Professional Educator Licensing and Standards Board) must be notified about the existence of sealed records and the right to access them under certain circumstances.

• Scope and effective dates

  • The new rules apply to expungement orders issued on or after January 1, 2015, and to expungement relief granted on or after January 1, 2025.

Significant Changes to Existing Law

• Adds a specific, explicit authorization for the Legislative Auditor and State Auditor to access expunged convictions and use them in hiring decisions for positions they oversee.
• Expands the circumstances under which expunged records can be opened or exchanged without a court order for certain criminal-justice processes and for evaluating job candidates within the offices of the Legislative Auditor or State Auditor.
• Clarifies that DNA-related expungement protections do not automatically seal or destroy DNA data obtained in connection with expunged charges.
• Maintains important licensing exceptions, ensuring that many professional-licensing processes are not swept up by the new access provisions.
• Introduces notification requirements and safeguards to limit access and preserve the integrity of expungement orders.

Relevant Terms expunged records; expungement order; Legislative Auditor; State Auditor; hiring decisions; background checks; criminal history; convictions; background study; criminal-justice agencies; open the record; exchange records; court order; ex parte court order; DNA samples; DNA records; Bureau of Criminal Apprehension; Professional Educator Licensing and Standards Board; Commissioner of Human Services; innocent/acquitted; probation; sentencing; background check under section 122A.18; background study under section 245C.08.