Allow the legislative auditor or state auditor to access expunged criminal records for hiring purposes

A bill for an act

relating to state government; allowing the legislative auditor or state auditor to

access expunged criminal records for hiring purposes; amending Minnesota Statutes

2024, sections 364.09; 609A.03, subdivision 7a.

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

Section 1.

Minnesota Statutes 2024, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law

enforcement agencies as defined in section
626.84, subdivision 1
, paragraph (f); to fire

protection agencies; to eligibility for a private detective or protective agent license; to the

licensing and background study process under chapters 245A and 245C; to the licensing

and background investigation process under chapter 240; to eligibility for school bus driver

endorsements; to eligibility for special transportation service endorsements; to eligibility

for a commercial driver training instructor license, which is governed by section
171.35

and rules adopted under that section; to emergency medical services personnel, or to the

licensing by political subdivisions of taxicab drivers, if the applicant for the license has

been discharged from sentence for a conviction within the ten years immediately preceding

application of a violation of any of the following:

(1) sections
609.185
to
609.2114
,
609.221
to
609.223
,
609.342
to
609.3451
, or
617.23
,

subdivision 2 or 3; or Minnesota Statutes 2012, section
609.21
;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years

or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving

the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where

the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued

or renewed by the Professional Educator Licensing and Standards Board or the commissioner

of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training

Board or the state fire marshal from recommending policies set forth in this chapter to the

attorney general for adoption in the attorney general's discretion to apply to law enforcement

or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied or

revoked by the Board of Medical Practice pursuant to section
147.091, subdivision 1a
.

(e) This chapter does not apply to any person who has been denied a license to practice

chiropractic or whose license to practice chiropractic has been revoked by the board in

accordance with section
148.10, subdivision 7
.

(f) This chapter does not apply to any license, registration, or permit that has been denied

or revoked by the Board of Nursing in accordance with section
148.261
, subdivision 1a.

(g) This chapter does not apply to any license, registration, permit, or certificate that has

been denied or revoked by the commissioner of health according to section
148.5195
,

subdivision 5; or
153A.15, subdivision 2
.

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(h) Notwithstanding any other law to the contrary, the Office of the Legislative Auditor

or the state auditor, in connection with evaluation of final candidates for employment, shall

be permitted to access and consider records of convictions that have been expunged and to

disqualify from employment any person solely or in part because of a prior conviction

directly related to the position of employment.

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(h)
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(i)
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This chapter does not supersede a requirement under law to conduct a criminal

history background investigation or consider criminal history records in hiring for particular

types of employment.

Sec. 2.

Minnesota Statutes 2024, section 609A.03, subdivision 7a, is amended to read:

Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(a) Upon issuance

of an expungement order related to a charge supported by probable cause, the DNA samples

and DNA records held by the Bureau of Criminal Apprehension and collected under authority

other than section
299C.105
shall not be sealed, returned to the subject of the record, or

destroyed.

(b) Notwithstanding the issuance of an expungement order:

(1) except as provided in clause (2), an expunged record may be opened, used, or

exchanged between criminal justice agencies without a court order for the purposes of

initiating, furthering, or completing a criminal investigation or prosecution or for sentencing

purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section

609A.02, subdivision 3
, paragraph (a), clause (1), after an acquittal or a court order dismissing

for lack of probable cause, for purposes of a criminal investigation, prosecution, or

sentencing, the requesting agency must obtain an ex parte court order after stating a

good-faith basis to believe that opening the record may lead to relevant information;

(3) an expunged record of a conviction may be opened for purposes of evaluating a

prospective employee in a criminal justice agency without a court order;

(4) an expunged record of a conviction may be opened for purposes of a background

study under section
245C.08
unless the commissioner had been properly served with notice

of the petition for expungement and the court order for expungement is directed specifically

to the commissioner of human services following proper service of a petition, or following

proceedings under section
609A.017
,
609A.025
, or
609A.035
upon service of an order to

the commissioner of human services;

(5) an expunged record of a conviction may be opened for purposes of a background

check required under section
122A.18, subdivision 8
, unless the court order for expungement

is directed specifically to the Professional Educator Licensing and Standards Board;

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(6) an expunged record of a conviction may be opened for purposes of evaluating final

candidates for employment with the Office of Legislative Auditor or the state auditor without

a court order;

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(6)
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(7)
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the court may order an expunged record opened upon request by the victim of

the underlying offense if the court determines that the record is substantially related to a

matter for which the victim is before the court;

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(7)
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(8)
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a prosecutor may request, and the district court shall provide, certified records

of conviction for a record expunged pursuant to sections
609A.015
,
609A.017
,
609A.02
,

609A.025
, and
609A.035
, and the certified records of conviction may be disclosed and

introduced in criminal court proceedings as provided by the rules of court and applicable

law; and

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(8)
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(9)
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the subject of an expunged record may request, and the court shall provide,

certified or uncertified records of conviction for a record expunged pursuant to sections

609A.015
,
609A.017
,
609A.02
,
609A.025
, and
609A.035
.

(c) An agency or jurisdiction subject to an expungement order shall maintain the record

in a manner that provides access to the record by a criminal justice agency under paragraph

(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau

of Criminal Apprehension shall notify the commissioner of human services or the

Professional Educator Licensing and Standards Board of the existence of a sealed record

and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the

agency or jurisdiction subject to the expungement order shall provide access to the record

to the commissioner of human services or the Professional Educator Licensing and Standards

Board under paragraph (b), clause (4) or (5).

(d) 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.

(e) A criminal justice agency that receives an expunged record under paragraph (b),

clause (1) or (2), must maintain and store the record in a manner that restricts the use of the

record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government

agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective

on or after January 1, 2015, and grants of expungement relief issued on or after January 1,

2025.