Chiefs of police and sheriffs authorization to open certain expunged records to determine eligibility to purchase, receive, or carry a firearm

A bill for an act

relating to public safety; authorizing chiefs of police and sheriffs to open certain

expunged records to determine eligibility to purchase, receive, or carry a firearm;

amending Minnesota Statutes 2024, section 260B.198, subdivision 6; proposing

coding for new law in Minnesota Statutes, chapter 609A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 260B.198, subdivision 6, is amended to read:

Subd. 6.

Expungement.

(a) The court may expunge all records relating to delinquency

at any time if the court determines that expungement of the record would yield a benefit to

the subject of the record that outweighs the detriment to the public and public safety in

sealing the record and the burden on the court and public agencies or jurisdictions in issuing,

enforcing, and monitoring the order.

(b) In making a determination under this subdivision, the court shall consider:

(1) the age, education, experience, and background, including mental and emotional

development, of the subject of the record at the time of commission of the offense;

(2) the circumstances and nature and severity of the offense, including any aggravating

or mitigating factors in the commission of the offense;

(3) victim and community impact, including age and vulnerability of the victim;

(4) the level of participation of the subject of the record in the planning and carrying out

of the offense, including familial or peer influence in the commission of the offense;

(5) the juvenile delinquency and criminal history of the subject of the record;

(6) the programming history of the subject of the record, including child welfare, school

and community-based, and probation interventions, and the subject's willingness to participate

meaningfully in programming, probation, or both;

(7) any other aggravating or mitigating circumstance bearing on the culpability or

potential for rehabilitation of the subject of the record; and

(8) the benefit that expungement would yield to the subject of the record in pursuing

education, employment, housing, or other necessities.

(c) A record expunged under this subdivision prior to January 1, 2015, may not be opened

or exchanged. A record expunged under this subdivision on or after January 1, 2015, is

sealed and access only allowed pursuant to paragraph (d)
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or (f)
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.

(d) Notwithstanding paragraph (a), a record that is expunged under this subdivision on

or after January 1, 2015, may be opened, used, or exchanged between criminal justice

agencies in the same manner as a criminal record under section
609A.03
, subdivision 7a,

paragraph (b).

(e) Section
609A.03, subdivision 3
, paragraph (d), applies to the disclosure of private

or confidential data in a proceeding under this subdivision. Section
609A.03, subdivision

9, applies to an appeal of an order under this subdivision.

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(f) Notwithstanding paragraph (a), a record that is expunged under this subdivision on

or after January 1, 2015, may be opened, used, or exchanged to determine if a person is

eligible to purchase, receive, or carry a firearm under section 609A.037.

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Sec. 2.

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[609A.037] FIREARMS.

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(a) Notwithstanding the issuance of an expungement order under this chapter, an

expunged record of a conviction may be opened and used by a chief of police or sheriff and

exchanged between chiefs of police and sheriffs without a court order for purposes of:

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(1) performing an investigation pursuant to section 624.7131, subdivision 2; 624.7132,

subdivision 2; or 624.714, subdivision 4, to determine if a person is eligible to purchase,

receive, or carry a firearm; and

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(2) providing notice of a denial or disqualification to the chief of police or sheriff with

joint jurisdiction over the applicant's residence.

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(b) If the contents of an expunged record are not a basis to deny issuance of a permit,

disqualify a transferee, or deny an application, a chief of police or sheriff receiving an

expunged record must maintain and store the record in a manner that restricts the use of the

record to the investigation for which it was obtained.

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(c) If the contents of an expunged record are used as a basis to deny issuance of a permit,

disqualify a transferee, or deny an application, the chief of police or sheriff must notify the

person that an expunged record establishes the specific factual basis justifying the denial

or disqualification. Upon request, the chief of police or sheriff must provide the person with

a copy of the expunged record. If a person appeals a denial of a transferee permit,

determination that a person is prohibited from possessing a pistol or semiautomatic

military-style assault weapon, or denial or revocation of a permit to carry, an expunged

record may be opened, used, or exchanged for the purposes of the appeal.

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(d) Except as otherwise provided in this section, an expunged record that is opened or

exchanged under this subdivision remains subject to the expungement order in the hands

of the person receiving the record.

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