1.1Senator Pappas moved to amend S.F. No. 2673 as follows:
1.2Page 65, after line 5, insert:


1.5    Section 1. [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
1.6    Subdivision 1. Eligibility; dismissal; exoneration. A person who is the subject of a
1.7criminal record or delinquency record is eligible for a grant of expungement relief without
1.8the filing of a petition:
1.9(1) if the person was arrested and all charges were dismissed after a case was filed unless
1.10dismissal was based on a finding that the defendant was incompetent to proceed; or
1.11(2) if all pending actions or proceedings were resolved in favor of the person.
1.12For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
1.13resolution in favor of the person. For purposes of this chapter, an action or proceeding is
1.14resolved in favor of the person if the petitioner received an order under section 590.11
1.15determining that the person is eligible for compensation based on exoneration.
1.16    Subd. 2. Eligibility; diversion and stay of adjudication. A person is eligible for a grant
1.17of expungement relief if the person has successfully completed the terms of a diversion
1.18program or stay of adjudication for an offense that is not a felony and has not been petitioned
1.19or charged with a new offense, other than an offense that would be a petty misdemeanor,
1.20for one year immediately following completion of the diversion program or stay of
1.21adjudication.
1.22    Subd. 3. Eligibility; certain criminal and delinquency proceedings. (a) A person is
1.23eligible for a grant of expungement relief if the person:
1.24(1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a
1.25qualifying offense;
1.26(2) has not been convicted of a new offense, other than an offense that would be a petty
1.27misdemeanor, in Minnesota during the applicable waiting period immediately following
1.28discharge of the disposition or sentence for the crime; and
1.29(3) is not charged with an offense in Minnesota at the time the person reaches the end
1.30of the applicable waiting period.
2.1(b) As used in this subdivision, "qualifying offense" means an adjudication, conviction,
2.2or stayed sentence for:
2.3(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
2.4to the operation or parking of motor vehicles;
2.5(2) any misdemeanor offense other than:
2.6(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
2.7while impaired);
2.8(ii) section 518B.01, subdivision 14 (violation of an order for protection);
2.9(iii) section 609.224 (assault in the fifth degree);
2.10(iv) section 609.2242 (domestic assault);
2.11(v) section 609.748 (violation of a harassment restraining order);
2.12(vi) section 609.78 (interference with emergency call);
2.13(vii) section 609.79 (obscene or harassing phone calls);
2.14(viii) section 617.23 (indecent exposure);
2.15(ix) section 609.746 (interference with privacy); or
2.16(x) section 629.75 (violation of domestic abuse no contact order); or
2.17(3) any gross misdemeanor offense other than:
2.18(i) section 169A.25 (second-degree driving while impaired);
2.19(ii) section 169A.26 (third-degree driving while impaired);
2.20(iii) section 518B.01, subdivision 14 (violation of an order for protection);
2.21(iv) section 609.2231 (assault in the fourth degree);
2.22(v) section 609.224 (assault in the fifth degree);
2.23(vi) section 609.2242 (domestic assault);
2.24(vii) section 609.233 (criminal neglect);
2.25(viii) section 609.3451 (criminal sexual conduct in the fifth degree);
2.26(ix) section 609.377 (malicious punishment of child);
2.27(x) section 609.485 (escape from custody);
2.28(xi) section 609.498 (tampering with witness);
3.1(xii) section 609.582, subdivision 4 (burglary in the fourth degree);
3.2(xiii) section 609.746 (interference with privacy);
3.3(xiv) section 609.748 (violation of a harassment restraining order);
3.4(xv) section 609.749 (harassment; stalking);
3.5(xvi) section 609.78 (interference with emergency call);
3.6(xvii) section 617.23 (indecent exposure);
3.7(xviii) section 617.261 (nonconsensual dissemination of private sexual images); or
3.8(xix) section 629.75 (violation of domestic abuse no contact order).
3.9(c) As used in this subdivision, "applicable waiting period" means:
3.10(1) if the offense was a petty misdemeanor or a misdemeanor, two years; and
3.11(2) if the offense was a gross misdemeanor, four years.
3.12(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
3.13section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
3.14misdemeanor offenses ineligible for a grant of expungement under this section remain
3.15ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
3.16    Subd. 4. Notice. (a) The court shall notify a person who may become eligible for an
3.17automatic expungement under this section of that eligibility at any hearing where the court
3.18dismisses and discharges proceedings against a person under section 152.18, subdivision
3.191, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
3.20substance; concludes that all pending actions or proceedings were resolved in favor of the
3.21person; grants a person's placement into a diversion program; or sentences a person or
3.22otherwise imposes a consequence for a qualifying offense.
3.23(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
3.24coordinators or supervisors of a diversion program shall notify a person who may become
3.25eligible for an automatic expungement under this section of that eligibility.
3.26(c) If any party gives notification under this subdivision, the notification shall inform
3.27the person that:
3.28(1) an expunged record of a conviction may be opened for purposes of a background
3.29study by the Department of Human Services under section 245C.08 and for purposes of a
3.30background check by the Professional Educator Licensing and Standards Board as required
3.31under section 122A.18, subdivision 8; and
4.1(2) the person can file a petition to expunge the record and request that it be directed to
4.2the commissioner of human services and the Professional Educator Licensing and Standards
4.3Board.
4.4    Subd. 5. Bureau of Criminal Apprehension to identify eligible persons and grant
4.5expungement relief. (a) The Bureau of Criminal Apprehension shall identify adjudications
4.6and convictions that qualify for a grant of expungement relief pursuant to this subdivision
4.7or subdivision 1, 2, or 3.
4.8(b) In making the determination under paragraph (a), the Bureau of Criminal
4.9Apprehension shall identify individuals who are the subject of relevant records through the
4.10use of finger and thumb prints where finger and thumb prints are available. Where finger
4.11and thumb prints are not available, the Bureau of Criminal Apprehension shall identify
4.12individuals through the use of the person's name and date of birth. Records containing the
4.13same name and date of birth shall be presumed to refer to the same individual unless other
4.14evidence establishes, by a preponderance of the evidence, that they do not refer to the same
4.15individual. The Bureau of Criminal Apprehension is not required to review any other
4.16evidence in making its determination.
4.17(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
4.18persons and seal its own records without requiring an application, petition, or motion.
4.19Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
4.20paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
4.21information establishes that the records are not eligible for expungement.
4.22(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension
4.23and subject to a grant of expungement relief shall display a notation stating "expungement
4.24relief granted pursuant to section 609A.015."
4.25(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
4.26for which expungement relief was granted pursuant to this section. Notification may be
4.27through electronic means and may be made in real time or in the form of a monthly report.
4.28Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
4.29indictment or information, trial, verdict, or dismissal and discharge for any case in which
4.30expungement relief was granted and shall issue any order deemed necessary to achieve this
4.31purpose.
4.32(f) Unless an order issued under paragraph (e) notifies the law enforcement agency that
4.33made the arrest or issued the citation, the Bureau of Criminal Apprehension shall inform
4.34each arresting or citing law enforcement agency whose records are affected by the grant of
5.1expungement relief that expungement has been granted. Notification shall be made at the
5.2time and under the conditions described in paragraph (c), except that notice may be sent in
5.3real time or in the form of a monthly report sent no more than 30 days after the expiration
5.4of the deadline established in paragraph (c). Notification may be through electronic means.
5.5Each notified law enforcement agency shall seal all records relating to an arrest, indictment
5.6or information, trial, verdict, or dismissal and discharge for any case in which expungement
5.7relief was granted.
5.8(g) Data on the person whose offense has been expunged under this subdivision, including
5.9any notice sent pursuant to paragraph (f), are private data on individuals as defined in section
5.1013.02, subdivision 12.
5.11(h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic
5.12expungement under this section in the manner provided in section 611A.03, subdivisions
5.131 and 2.
5.14(i) In any subsequent prosecution of a person granted expungement relief, the expunged
5.15criminal record may be pleaded and has the same effect as if the relief had not been granted.
5.16(j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a
5.17system to provide criminal justice agencies with uniform statewide access to criminal records
5.18sealed by expungement.
5.19    Subd. 6. Immunity from civil liability. Employees of the Bureau of Criminal
5.20Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or
5.21the decision to exercise or the decision to decline to exercise, the powers granted by this
5.22section or for any act or omission occurring within the scope of the performance of their
5.23duties under this section.
5.24EFFECTIVE DATE.This section is effective January 1, 2024, and applies to offenses
5.25that meet the eligibility criteria on or after that date and retroactively to offenses that met
5.26those qualifications before January 1, 2024, and are stored in the Bureau of Criminal
5.27Apprehension's criminal history system as of January 1, 2024.


6.3    Section 1. Minnesota Statutes 2020, section 13.871, subdivision 14, is amended to read:
6.4    Subd. 14. Expungement petitions. (a) Provisions regarding the classification and sharing
6.5of data contained in a petition for expungement of a criminal record are included in section
6.6609A.03.
6.7(b) Provisions regarding the classification and sharing of data related to automatic
6.8expungements are included in sections 299C.097 and 609A.015.

6.9    Sec. 2. Minnesota Statutes 2020, section 152.18, subdivision 1, is amended to read:
6.10    Subdivision 1. Deferring prosecution for certain first time drug offenders. (a) A
6.11court may defer prosecution as provided in paragraph (c) for any person found guilty, after
6.12trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
6.13subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d),
6.14for possession of a controlled substance, who:
6.15(1) has not previously participated in or completed a diversion program authorized under
6.16section 401.065;
6.17(2) has not previously been placed on probation without a judgment of guilty and
6.18thereafter been discharged from probation under this section; and
6.19(3) has not been convicted of a felony violation of this chapter, including a felony-level
6.20attempt or conspiracy, or been convicted by the United States or another state of a similar
6.21offense that would have been a felony under this chapter if committed in Minnesota, unless
6.22ten years have elapsed since discharge from sentence.
6.23(b) The court must defer prosecution as provided in paragraph (c) for any person found
6.24guilty of a violation of section 152.025, subdivision 2, who:
6.25(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
6.26(2) has not previously been convicted of a felony offense under any state or federal law
6.27or of a gross misdemeanor under section 152.025.
6.28(c) In granting relief under this section, the court shall, without entering a judgment of
6.29guilty and with the consent of the person, defer further proceedings and place the person
6.30on probation upon such reasonable conditions as it may require and for a period, not to
6.31exceed the maximum sentence provided for the violation. The court may give the person
7.1the opportunity to attend and participate in an appropriate program of education regarding
7.2the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation
7.3of a condition of the probation, the court may enter an adjudication of guilt and proceed as
7.4otherwise provided. The court may, in its discretion, dismiss the proceedings against the
7.5person and discharge the person from probation before the expiration of the maximum
7.6period prescribed for the person's probation. If during the period of probation the person
7.7does not violate any of the conditions of the probation, then upon expiration of the period
7.8the court shall discharge the person and dismiss the proceedings against that person.
7.9Discharge and dismissal under this subdivision shall be without court adjudication of guilt,
7.10but a not public record of it shall be retained by the Bureau of Criminal Apprehension for
7.11the purpose of use by the courts in determining the merits of subsequent proceedings against
7.12the person. The not public record may also be opened only upon court order for purposes
7.13of a criminal investigation, prosecution, or sentencing. Upon receipt of notice that the
7.14proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting
7.15or citing law enforcement agency and direct that agency to seal its records related to the
7.16charge. Upon request by law enforcement, prosecution, or corrections authorities, the bureau
7.17shall notify the requesting party of the existence of the not public record and the right to
7.18seek a court order to open it pursuant to this section. The court shall forward a record of
7.19any discharge and dismissal under this subdivision to the bureau which shall make and
7.20maintain the not public record of it as provided under this subdivision. The discharge or
7.21dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
7.22imposed by law upon conviction of a crime or for any other purpose.
7.23For purposes of this subdivision, "not public" has the meaning given in section 13.02,
7.24subdivision 8a.

7.25    Sec. 3. [299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE
7.26FOR EXPUNGEMENT.
7.27(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a
7.28computerized data system relating to petty misdemeanor and misdemeanor offenses that
7.29may become eligible for expungement pursuant to section 609A.015 and which do not
7.30require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in
7.31the criminal history system.
7.32(b) This data is private data on individuals under section 13.02, subdivision 12.
7.33EFFECTIVE DATE.This section is effective January 1, 2024.

8.1    Sec. 4. Minnesota Statutes 2020, section 299C.10, subdivision 1, is amended to read:
8.2    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and community
8.3corrections agencies operating secure juvenile detention facilities shall take or cause to be
8.4taken immediately finger and thumb prints, photographs, distinctive physical mark
8.5identification data, information on any known aliases or street names, and other identification
8.6data requested or required by the superintendent of the bureau, of the following:
8.7(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
8.8misdemeanor, or targeted misdemeanor;
8.9(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
8.10or alleged to have committed felonies or gross misdemeanors as distinguished from those
8.11committed by adult offenders;
8.12(3) adults and juveniles admitted to jails or detention facilities;
8.13(4) persons reasonably believed by the arresting officer to be fugitives from justice;
8.14(5) persons in whose possession, when arrested, are found concealed firearms or other
8.15dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
8.16or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
8.17to be intended for such purposes;
8.18(6) juveniles referred by a law enforcement agency to a diversion program for a felony
8.19or gross misdemeanor offense; and
8.20(7) persons currently involved in the criminal justice process, on probation, on parole,
8.21or in custody for any offense whom the superintendent of the bureau identifies as being the
8.22subject of a court disposition record which cannot be linked to an arrest record, and whose
8.23fingerprints are necessary to reduce the number of suspense files, or to comply with the
8.24mandates of section 299C.111, relating to the reduction of the number of suspense files.
8.25This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
8.26shall include the requirement that fingerprints be taken in post-arrest interviews, while
8.27making court appearances, while in custody, or while on any form of probation, diversion,
8.28or supervised release.
8.29(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
8.30of taking the fingerprints and data, the fingerprint records and other identification data
8.31specified under paragraph (a) must be electronically entered into a bureau-managed
8.32searchable database in a manner as may be prescribed by the superintendent.
9.1(c) Prosecutors, courts, and probation officers and their agents, employees, and
9.2subordinates shall attempt to ensure that the required identification data is taken on a person
9.3described in paragraph (a). Law enforcement may take fingerprints of an individual who is
9.4presently on probation.
9.5(d) Finger and thumb prints must be obtained no later than:
9.6(1) release from booking; or
9.7(2) if not booked prior to acceptance of a plea of guilty or not guilty.
9.8Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
9.9prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
9.10and thumb prints have not been successfully received by the bureau, an individual may,
9.11upon order of the court, be taken into custody for no more than eight hours so that the taking
9.12of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
9.13period may be extended upon a showing that additional time in custody is essential for the
9.14successful taking of prints.
9.15(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
9.16section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
9.17(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
9.18609.748 (harassment or restraining order violation), 609.749 (obscene or harassing telephone
9.19calls), 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).

9.20    Sec. 5. Minnesota Statutes 2020, section 299C.111, is amended to read:
9.21299C.111 SUSPENSE FILE REPORTING.
9.22The superintendent shall immediately notify the appropriate entity or individual when
9.23a disposition record for a felony, gross misdemeanor, or targeted misdemeanor is received
9.24that cannot be linked to an arrest record.
9.25EFFECTIVE DATE.This section is effective January 1, 2024.

9.26    Sec. 6. Minnesota Statutes 2020, section 299C.17, is amended to read:
9.27299C.17 REPORT BY COURT ADMINISTRATOR.
9.28The superintendent shall require the court administrator of every court which sentences
9.29a defendant for a felony, gross misdemeanor, or targeted misdemeanor, or petty misdemeanor
9.30to electronically transmit within 24 hours of the disposition of the case a report, in a form
9.31prescribed by the superintendent providing information required by the superintendent with
10.1regard to the prosecution and disposition of criminal cases. A copy of the report shall be
10.2kept on file in the office of the court administrator.
10.3EFFECTIVE DATE.This section is effective January 1, 2024.

10.4    Sec. 7. Minnesota Statutes 2020, section 609A.01, is amended to read:
10.5609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
10.6This chapter provides the grounds and procedures for expungement of criminal records
10.7under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under
10.8section 609A.015, or a petition is authorized under section 609A.02, subdivision 3; or other
10.9applicable law. The remedy available is limited to a court order sealing the records and
10.10prohibiting the disclosure of their existence or their opening except under court order or
10.11statutory authority. Nothing in this chapter authorizes the destruction of records or their
10.12return to the subject of the records.
10.13EFFECTIVE DATE.This section is effective January 1, 2024.

10.14    Sec. 8. Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:
10.15    Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by paragraph
10.16(b), expungement of a criminal record under this section is an extraordinary remedy to be
10.17granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
10.18commensurate with the disadvantages to the public and public safety of:
10.19(1) sealing the record; and
10.20(2) burdening the court and public authorities to issue, enforce, and monitor an
10.21expungement order.
10.22(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
10.23the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
10.24(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
10.25whose records would be affected establishes by clear and convincing evidence that the
10.26interests of the public and public safety outweigh the disadvantages to the petitioner of not
10.27sealing the record.
10.28(c) In making a determination under this subdivision, the court shall consider:
10.29(1) the nature and severity of the underlying crime, the record of which would be sealed;
10.30(2) the risk, if any, the petitioner poses to individuals or society;
11.1(3) the length of time since the crime occurred;
11.2(4) the steps taken by the petitioner toward rehabilitation following the crime;
11.3(5) aggravating or mitigating factors relating to the underlying crime, including the
11.4petitioner's level of participation and context and circumstances of the underlying crime;
11.5(6) the reasons for the expungement, including the petitioner's attempts to obtain
11.6employment, housing, or other necessities;
11.7(7) the petitioner's criminal record;
11.8(8) the petitioner's record of employment and community involvement;
11.9(9) the recommendations of interested law enforcement, prosecutorial, and corrections
11.10officials;
11.11(10) the recommendations of victims or whether victims of the underlying crime were
11.12minors;
11.13(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
11.14toward payment, and the measures in place to help ensure completion of restitution payment
11.15after expungement of the record if granted; and
11.16(12) other factors deemed relevant by the court.
11.17(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
11.18issues an expungement order it may require that the criminal record be sealed, the existence
11.19of the record not be revealed, and the record not be opened except as required under
11.20subdivision 7. Records must not be destroyed or returned to the subject of the record.
11.21    (e) Information relating to a criminal history record of an employee, former employee,
11.22or tenant that has been expunged before the occurrence of the act giving rise to the civil
11.23action may not be introduced as evidence in a civil action against a private employer or
11.24landlord or its employees or agents that is based on the conduct of the employee, former
11.25employee, or tenant.
11.26EFFECTIVE DATE.This section is effective January 1, 2024.

11.27    Sec. 9. Minnesota Statutes 2021 Supplement, section 609A.03, subdivision 7a, is amended
11.28to read:
11.29    Subd. 7a. Limitations of order effective January 1, 2015, and later. (a) Upon issuance
11.30of an expungement order related to a charge supported by probable cause, the DNA samples
11.31and DNA records held by the Bureau of Criminal Apprehension and collected under authority
12.1other than section 299C.105 shall not be sealed, returned to the subject of the record, or
12.2destroyed.
12.3(b) Notwithstanding the issuance of an expungement order:
12.4(1) except as provided in clause (2), an expunged record may be opened, used, or
12.5exchanged between criminal justice agencies without a court order for the purposes of
12.6initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
12.7purposes or providing probation or other correctional services;
12.8(2) when a criminal justice agency seeks access to a record that was sealed under section
12.9609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
12.10for lack of probable cause, for purposes of a criminal investigation, prosecution, or
12.11sentencing, the requesting agency must obtain an ex parte court order after stating a
12.12good-faith basis to believe that opening the record may lead to relevant information;
12.13(3) an expunged record of a conviction may be opened for purposes of evaluating a
12.14prospective employee in a criminal justice agency without a court order;
12.15(4) an expunged record of a conviction may be opened for purposes of a background
12.16study under section 245C.08 unless the commissioner had been properly served with notice
12.17of the petition for expungement and the court order for expungement is directed specifically
12.18to the commissioner of human services;
12.19(5) an expunged record of a conviction may be opened for purposes of a background
12.20check required under section 122A.18, subdivision 8, unless the court order for expungement
12.21is directed specifically to the Professional Educator Licensing and Standards Board; and
12.22(6) the court may order an expunged record opened upon request by the victim of the
12.23underlying offense if the court determines that the record is substantially related to a matter
12.24for which the victim is before the court.;
12.25(7) a prosecutor may request, and the district court shall provide, certified records of
12.26conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025,
12.27and the certified records of conviction may be disclosed and introduced in criminal court
12.28proceedings as provided by the rules of court and applicable law; and
12.29(8) the subject of an expunged record may request, and the court shall provide, certified
12.30or uncertified records of conviction for a record expunged pursuant to sections 609A.015,
12.31609A.02, and 609A.025.
12.32(c) An agency or jurisdiction subject to an expungement order shall maintain the record
12.33in a manner that provides access to the record by a criminal justice agency under paragraph
13.1(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
13.2of Criminal Apprehension shall notify the commissioner of human services or the
13.3Professional Educator Licensing and Standards Board of the existence of a sealed record
13.4and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the
13.5agency or jurisdiction subject to the expungement order shall provide access to the record
13.6to the commissioner of human services or the Professional Educator Licensing and Standards
13.7Board under paragraph (b), clause (4) or (5).
13.8(d) An expunged record that is opened or exchanged under this subdivision remains
13.9subject to the expungement order in the hands of the person receiving the record.
13.10(e) A criminal justice agency that receives an expunged record under paragraph (b),
13.11clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
13.12record to the investigation, prosecution, or sentencing for which it was obtained.
13.13(f) For purposes of this section, a "criminal justice agency" means a court or government
13.14agency that performs the administration of criminal justice under statutory authority.
13.15(g) This subdivision applies to expungement orders subject to its limitations and effective
13.16on or after January 1, 2015, and grants of expungement relief issued on or after January 1,
13.172024.
13.18EFFECTIVE DATE.This section is effective January 1, 2024.

13.19    Sec. 10. Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:
13.20    Subd. 9. Stay of order; appeal. An expungement order issued under this section shall
13.21be stayed automatically for 60 days after the order is filed and, if the order is appealed,
13.22during the appeal period. A person or an agency or jurisdiction whose records would be
13.23affected by the order may appeal the order within 60 days of service of notice of filing of
13.24the order. An agency or jurisdiction or its officials or employees need not file a cost bond
13.25or supersedeas bond in order to further stay the proceedings or file an appeal.
13.26EFFECTIVE DATE.This section is effective January 1, 2024.

13.27    Sec. 11. Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:
13.28    Subdivision 1. Plea agreements; notification of victim. Prior to the entry of the factual
13.29basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
13.30make a reasonable and good faith effort to inform the victim of:
14.1(1) the contents of the plea agreement recommendation, including the amount of time
14.2recommended for the defendant to serve in jail or prison if the court accepts the agreement;
14.3and
14.4(2) the right to be present at the sentencing hearing and at the hearing during which the
14.5plea is presented to the court and to express orally or in writing, at the victim's option, any
14.6objection to the agreement or to the proposed disposition. If the victim is not present when
14.7the court considers the recommendation, but has communicated objections to the prosecuting
14.8attorney, the prosecuting attorney shall make these objections known to the court.; and
14.9(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
14.10EFFECTIVE DATE.This section is effective January 1, 2024, and applies to plea
14.11agreements entered into on or after that date."
14.12Amend the title accordingly
14.13The motion prevailed. #did not prevail. So the amendment was #not adopted.