HF2825 (Legislative Session 94 (2025-2026))
Access to expunged conviction records of applicants for licenses and positions in private security and private detective industry provided.
Related bill: SF3262
AI Generated Summary
Purpose of the Bill
The bill aims to amend current Minnesota statutes to provide specified access to expunged conviction records. This primarily relates to individuals applying for licenses or positions in the private security and private detective industries, ensuring that relevant authorities can view expunged records under certain conditions.
Main Provisions
- Access to Records: The bill allows certain expunged criminal records to be accessed by criminal justice agencies, licensing bodies, and specific government entities without needing a court order. This is applicable when evaluating prospective employees or licensees in the criminal justice field, private security, or private detective industries.
Exceptions to Expungement: Even if records are expunged, they may still be accessed for certain investigations, prosecutions, sentencing considerations, and background checks. The records remain expunged but are accessible under specified conditions, ensuring critical industries can perform effective background checks.
Notification Requirements: Agencies subject to an expungement order must inform law enforcement or relevant agencies of a sealed record's existence if requested while specifying the conditions for accessing these records.
Significant Changes to Existing Law
- Amended Access Rules: The bill modifies existing laws by detailing how expunged records can be accessed without a court order for specific purposes, particularly in the private security and detective sectors, and clarifying conditions for other professional and governmental reviews.
- Broadened Access Conditions: The bill updates the conditions under which expungement orders remain effective and specifies exceptions for accessing sealed records in certain legal and employment contexts.
- Applicability Dates: Adjusts the statutes to apply to expungement orders enacted both before and after January 1, 2015, and introduces new conditions starting January 1, 2025.
Relevant Terms
expunged records, private security, private detective, background check, criminal justice agency, licensing evaluation, sealed record, statutory authority, Bureau of Criminal Apprehension.
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 26, 2025 | House | Floor | Action | Introduction and first reading, referred to | Public Safety Finance and Policy |
| April 03, 2025 | House | Floor | Action | Committee report, to adopt as amended and re-refer to | Judiciary Finance and Civil Law |
Citations
[
{
"analysis": {
"added": [
"Provision allowing expunged records to be opened for evaluating a prospective employee in a criminal justice agency without a court order."
],
"removed": [],
"summary": "This bill modifies provisions relating to access to expunged conviction records under section 609A.03, subdivision 7.",
"modified": [
"Clarification on limitations and circumstances under which expunged records can be accessed."
]
},
"citation": "609A.03",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [
"Provision allowing access to expunged records for background checks required under section 122A.18, subdivision 8."
],
"removed": [],
"summary": "This bill modifies provisions relating to access to expunged conviction records effective January 1, 2015 and later under section 609A.03, subdivision 7a.",
"modified": [
"Specifies conditions under which expunged records can be opened for criminal investigations or by victims."
]
},
"citation": "609A.03",
"subdivision": "subdivision 7a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This legislation references background checks based on criteria outlined under section 326.336, subdivision 1.",
"modified": [
"Access to expunged records for evaluating licensee and employee background checks without a court order."
]
},
"citation": "326.336",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Clarifies that expunged records can be opened unless the expungement is directed specifically at the commissioner of human services."
],
"removed": [],
"summary": "This bill references section 245C.08 for background study purposes.",
"modified": [
"Conditions under which expunged records are accessible for background studies."
]
},
"citation": "245C.08",
"subdivision": ""
}
]