Minnesota SF 1856: Clean Slate Act

Bill Text

1.1 A bill for an act​
1.2 relating to public safety; establishing the Clean Slate Act; providing for an​
1.3 automatic expungement process for certain offenders; amending Minnesota Statutes​
1.4 2020, sections 609A.01; 609A.02, subdivision 3, by adding a subdivision;​
1.5 609A.025; 609A.03, subdivisions 5, 7a, 9; 611A.03, subdivision 1; proposing​
1.6 coding for new law in Minnesota Statutes, chapter 609A.​
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. TITLE.​
1.9 This act may be referred to as the "Clean Slate Act."​
1.10 Sec. 2. Minnesota Statutes 2020, section 609A.01, is amended to read:​
1.11 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.​
1.12 This chapter provides the grounds and procedures for expungement of criminal records​
1.13 under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under​
1.14 section 609A.015, subdivision 1, or a petition is authorized under section 609A.02,​
1.15 subdivision 3; or other applicable law. The remedy available is limited to a court order​
1.16 sealing the records and prohibiting the disclosure of their existence or their opening except​
1.17 under court order or statutory authority. Nothing in this chapter authorizes the destruction​
1.18 of records or their return to the subject of the records.​
1.19 EFFECTIVE DATE.This section is effective August 1, 2021, and applies to individuals​
1.20 sentenced on or after that date.​
1​Sec. 2.​
21-02909 as introduced​02/10/21 REVISOR KLL/LG​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1856​NINETY-SECOND SESSION​
(SENATE AUTHORS: CHAMBERLAIN, Pappas and Bigham)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​724​03/08/2021​
Referred to Judiciary and Public Safety Finance and Policy​
Author added Pappas​5206​03/03/2022​
Author added Bigham​6854​04/07/2022​

2.1 Sec. 3. [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.​
2.2 Subdivision 1.Eligibility; dismissal; exoneration.A person who is the subject of a​
2.3 criminal record or delinquency record is eligible for a grant of expungement relief without​
2.4 the filing of a petition:​
2.5 (1) upon the dismissal and discharge of proceedings against a person under section​
2.6 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession​
2.7 of a controlled substance;​
2.8 (2) if the person was arrested and all charges were dismissed prior to a determination​
2.9 of probable cause; or​
2.10 (3) if all pending actions or proceedings were resolved in favor of the person. For​
2.11 purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution​
2.12 in favor of the person. For purposes of this chapter, an action or proceeding is resolved in​
2.13 favor of the person if the petitioner received an order under section 590.11 determining that​
2.14 the person is eligible for compensation based on exoneration.​
2.15 Subd. 2.Eligibility; diversion and stay of adjudication.A person is eligible for a grant​
2.16 of expungement relief if the person has successfully completed the terms of a diversion​
2.17 program or stay of adjudication and has not been petitioned or charged with a new crime​
2.18 for one year immediately following completion of the diversion program or stay of​
2.19 adjudication.​
2.20 Subd. 3.Eligibility; certain criminal and delinquency proceedings.(a) A person is​
2.21 eligible for a grant of expungement relief if the person:​
2.22 (1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a​
2.23 qualifying offense other than one that may be used to enhance a criminal penalty;​
2.24 (2) has not been convicted of a new crime in Minnesota during the applicable waiting​
2.25 period immediately following discharge of the disposition or sentence for the crime;​
2.26 (3) is not incarcerated or charged with an offense in Minnesota at the time the person​
2.27 reaches the end of the applicable waiting period; and​
2.28 (4) has not been convicted of a new crime in any other jurisdiction during the applicable​
2.29 waiting period immediately following discharge of the disposition or sentence for the crime,​
2.30 if the qualifying offense was a felony.​
2.31 (b) As used in this subdivision, "qualifying offense" means an adjudication, conviction,​
2.32 or stayed sentence for:​
2​Sec. 3.​
21-02909 as introduced​02/10/21 REVISOR KLL/LG​

3.1 (1) any petty misdemeanor offense other than a violation of a traffic regulation relating​
3.2 to the operation or parking of motor vehicles;​
3.3 (2) any misdemeanor offense other than:​
3.4 (i) section 169A.27 (fourth-degree driving while impaired);​
3.5 (ii) section 518B.01, subdivision 14 (violation of an order for protection);​
3.6 (iii) section 609.224 (assault in the fifth degree);​
3.7 (iv) section 609.2242 (domestic assault);​
3.8 (v) section 609.748 (violation of a harassment restraining order);​
3.9 (vi) section 609.78 (interference with emergency call);​
3.10 (vii) section 609.79 (obscene or h