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 update laws regarding access to expunged criminal conviction records.
- It specifically targets individuals applying for licenses or positions in the private security industry.
Main Provisions
- The bill amends current Minnesota laws to allow certain parties to access expunged records without a court order.
- It specifies that expunged conviction records can be opened for the evaluation of:
- Prospective employees in criminal justice agencies.
- Current or prospective licensees or employees in the private security industry.
- Background checks for individuals in criminal justice roles or educational fields.
- It ensures that expunged records can be accessed by criminal justice agencies for ongoing investigations, prosecutions, and sentencing under certain conditions.
- It allows victims of the underlying offense to request records if relevant to their current court matters.
Significant Changes to Existing Law
- Allows private security industry background checks access to expunged records.
- Expands access to include evaluations for licenses and employment in certain sectors.
- Clarifies the conditions under which expunged records may be accessed by criminal justice agencies.
- Specifies notification requirements for agencies about the existence of sealed records.
- Effective dates are adjusted to include expungement orders after January 1, 2025.
Relevant Terms
- Expungement, Expunged Conviction Records, Private Security Industry, Background Check, Criminal Justice Agency, Licensee, Probable Cause, Victim Rights, Bureau of Criminal Apprehension.
Past committee meetings
- Judiciary Finance and Civil Law on: April 03, 2025 10:15
- Public Safety Finance and Policy on: April 02, 2025 15:00
- Judiciary Finance and Civil Law on: April 03, 2025 16:30
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": [],
"removed": [],
"summary": "This bill modifies the limitations on expungement orders effective before January 1, 2015, under section 609A.03.",
"modified": [
"This section clarifies the circumstances under which expunged records may be accessed by criminal justice agencies, license evaluators, and for background checks."
]
},
"citation": "609A.03",
"subdivision": "subdivision 7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill modifies the limitations on expungement orders effective January 1, 2015, and later under section 609A.03.",
"modified": [
"This section details the conditions under which expunged records can be opened, the parties entitled to request them, and the obligations of agencies in handling such records."
]
},
"citation": "609A.03",
"subdivision": "subdivision 7a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References DNA records collected under authority other than section 299C.105.",
"modified": [
"Specifies that DNA records related to expunged cases are not to be sealed, returned, or destroyed."
]
},
"citation": "299C.105",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for evaluating a current or prospective licensee under section 326.3381.",
"modified": [
"Clarifies that expunged records can be opened for license evaluations without a court order."
]
},
"citation": "326.3381",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for employee background checks under section 326.336, subdivision 1.",
"modified": [
"Allows access to expunged records without court order for conducting background checks on license holder employees."
]
},
"citation": "326.336",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be opened for purposes of a background study under section 245C.08.",
"modified": [
"Specifies conditions under which background studies can access expunged records."
]
},
"citation": "245C.08",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for background checks required under section 122A.18, subdivision 8.",
"modified": [
"Outlines when access to expunged records for educational background checks can be granted without a court order."
]
},
"citation": "122A.18",
"subdivision": "subdivision 8"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for proceedings following section 609A.017.",
"modified": [
"References expungement petitions and the release of records after proceedings under section 609A.017."
]
},
"citation": "609A.017",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for proceedings following section 609A.025.",
"modified": [
"Covers conditions under which expunged records are made available in expungement petition cases."
]
},
"citation": "609A.025",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expunged records may be accessed for proceedings following section 609A.035.",
"modified": [
"Mentions maintaining and accessing records post-expungement following proceedings under section 609A.035."
]
},
"citation": "609A.035",
"subdivision": ""
}
]Progress through the legislative process
In Committee