SF3262

SF3262 (Legislative Session 94 (2025-2026))

Access to expunged conviction records of applicants for licenses and positions in the private security industry authorization

Related bill: HF2825

AI Generated Summary

Purpose of the Bill

The bill aims to modify Minnesota law regarding access to expunged conviction records, specifically concerning individuals applying for licenses and positions within the private security industry. It seeks to balance the need to protect expunged records with allowing access in specific situations related to public safety and background checks.

Main Provisions

Access to Expunged Records: The bill allows certain expunged conviction records to be accessed without a court order for evaluating current or prospective employees in a criminal justice agency or within the private security industry.
Use in Evaluations: Expunged records can be used for the evaluation of licensees or employees subject to background checks as part of their employment in the private security sector.
Background Studies and Checks: Expunged records may be opened for background studies under certain conditions, unless the expungement order specifically restricts access.
Victim Requests: Courts may also open expunged records at the request of a victim if the record is substantially related to the court matter in question.

Significant Changes to Existing Law

Pre-2015 and Post-2015 Orders: The bill distinguishes between expungement orders effective before and after January 1, 2015, with differing conditions for accessing expunged records.
Preserving Confidentiality: While the bill allows access to certain expunged records, it maintains provisions that these records should remain sealed and subject to the expungement order even when accessed for authorized purposes.

Relevant Terms

Expunged records
Private security industry
Criminal justice agency
Background check
Licensee
Victim access
Post-2015 expungement orders

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
April 02, 2025	Senate	Floor	Action	Introduction and first reading
April 02, 2025	Senate	Floor	Action	Referred to	Judiciary and Public Safety

Citations

[
  {
    "analysis": {
      "added": [
        "Clarifies access to expunged conviction records for background checks and licensing in private security."
      ],
      "removed": [],
      "summary": "This section addresses limitations of expungement orders effective before January 1, 2015.",
      "modified": [
        "Further defines conditions under which expunged records can be accessed by criminal justice agencies."
      ]
    },
    "citation": "609A.03",
    "subdivision": "subdivision 7"
  },
  {
    "analysis": {
      "added": [
        "Provides exceptions for utilizing expunged records in the evaluation of employees or licensees in specific circumstances."
      ],
      "removed": [],
      "summary": "This section addresses limitations of expungement orders effective January 1, 2015, and later.",
      "modified": [
        "Specifies the process for requesting expunged records during criminal investigations or licensing procedures."
      ]
    },
    "citation": "609A.03",
    "subdivision": "subdivision 7a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Reference to DNA sample and record management related to expungement orders.",
      "modified": [
        "Maintains existing rules for managing DNA samples and records under expungement orders."
      ]
    },
    "citation": "299C.105",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Allows access to expunged conviction records for evaluating licensee suitability.",
      "modified": [
        "Outlines conditions under which expunged records may be used for licensing evaluations."
      ]
    },
    "citation": "326.3381",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provisions for background checks in the licensing process.",
      "modified": [
        "Connects background check requirements with the use of expunged records."
      ]
    },
    "citation": "326.336",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides for background studies utilizing expunged records unless specified restrictions apply.",
      "modified": [
        "Clarifies exceptions for expunged records used in background studies."
      ]
    },
    "citation": "245C.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References to background checks required for educators utilizing expunged records.",
      "modified": [
        "Enhances conditions for accessing expunged records in educator licensing."
      ]
    },
    "citation": "122A.18",
    "subdivision": "subdivision 8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Mentioned in relation to expungement relief and its effective administration.",
      "modified": [
        "Ensures expungement orders follow set procedural standards for affected parties."
      ]
    },
    "citation": "609A.017",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cited regarding expungement proceedings and maintaining access protocols.",
      "modified": [
        "Incorporates requirements for handling records post-expungement."
      ]
    },
    "citation": "609A.025",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Incorporated for reference to managed processes in expungement records.",
      "modified": [
        "Details continuity requirements for processing expunged records."
      ]
    },
    "citation": "609A.035",
    "subdivision": ""
  }
]