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

This bill aims to amend the existing Minnesota statutes regarding the accessibility of expunged criminal records. Specifically, it addresses how records can be accessed for positions and licensing in the private security industry and expands circumstances under which expunged records can be opened.

Main Provisions

Access to Expunged Records: The bill allows certain criminal justice agencies, private security industry licensing authorities, and employers to access expunged conviction records without a court order. This includes:
- For criminal investigations and prosecutions
- Evaluation of prospective employees and licensees in criminal justice and private security sectors
- Background checks under specific sections
Court Orders and Notifications: Expunged records can still be accessed for various legal purposes if the court specifically directs such in the expungement order. Agencies holding these records must notify the recipient that these records have been sealed.
Updates for Different Dates: The bill specifies different provisions for expungement orders effective before January 1, 2015, and those effective on or after that date.

Significant Changes to Existing Law

Without Court Order: Allows opening of expunged records without a court order for specific purposes related to private security licensure.
Additional Circumstances: Introduces conditions where victims or prosecutors can request to see expunged records.
Notification Obligations: Agencies and jurisdictions must inform relevant authorities of the existence and access rights to sealed records.

Relevant Terms

Expungement
Criminal justice agency
Private security industry
Licensing authorities
Background checks
Sealed records

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": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This bill discusses the limitations on sealing or destruction of DNA samples and records collected under authority other than section 299C.105.",
      "modified": [
        "The DNA samples and records held by the Bureau of Criminal Apprehension will not be sealed, returned, or destroyed despite expungement."
      ]
    },
    "citation": "299C.105",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The statute allows access to expunged records for evaluating current or prospective licensees under section 326.3381.",
      "modified": [
        "Expunged records of convictions may be accessed without a court order for specific evaluations."
      ]
    },
    "citation": "326.3381",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This statute is referenced regarding background checks for employment in the context of expunged records.",
      "modified": [
        "Expunged conviction records may be opened for a background check as per section 326.336 subdivision 1."
      ]
    },
    "citation": "326.336",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The statute is referenced for background studies access to expunged records unless directed by the court order.",
      "modified": [
        "Conditions under which expunged records may be accessed for background studies unless specifically restricted by court order."
      ]
    },
    "citation": "245C.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Access to expunged records for background checks required under section 122A.18 subdivision 8.",
      "modified": [
        "Expunged records may be opened for background checks unless specifically directed otherwise by court order."
      ]
    },
    "citation": "122A.18",
    "subdivision": "subdivision 8"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The bill refers to conditions for providing expunged records for criminal proceedings.",
      "modified": [
        "Specifies how expunged records are managed in the context of criminal justice agencies."
      ]
    },
    "citation": "609A.017",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The statute is referenced concerning certified records of conviction for a record expunged.",
      "modified": [
        "Conditions under which expunged records may be disclosed in criminal court proceedings."
      ]
    },
    "citation": "609A.025",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This statute outlines the requirements for expunged records in criminal court proceedings.",
      "modified": [
        "Conditions for access and disclosure of expunged records in criminal court proceedings and by request of the record subject."
      ]
    },
    "citation": "609A.035",
    "subdivision": ""
  }
]