HF3762 (Legislative Session 94 (2025-2026))
Chiefs of police and sheriffs authorized to open certain expunged records to determine eligibility to purchase, receive, or carry a firearm.
Related bill: SF3929
AI Generated Summary
Purpose
This bill would allow chiefs of police and sheriffs to open and use expunged delinquency records to help determine whether a person is eligible to purchase, receive, or carry a firearm. It also updates how expunged records are handled, shared, and kept private within law enforcement, and it outlines notification and appeal rights when these records are used in firearm determinations.
Main Provisions
Expungement framework (Minnesota Statutes 260B.198, Subd. 6)
- The court may expunge delinquency records if expungement would benefit the person and not harm public safety, balancing factors like age, education, background, and involvement in the offense.
- The bill lists factors the court must consider, including the offender’s age, education, mental development, the offense’s nature and severity, victim impact, participation in planning, prior delinquency/criminal history, programming history, and overall rehabilitation potential.
- For records expunged before 2015, they may not be opened or exchanged. For records expunged on or after 2015, they are sealed and access is limited unless allowed by specific provisions.
- After 2015, expunged records may be opened or exchanged between criminal justice agencies for purposes like determining firearm eligibility, and they can be handled similarly to other criminal records in certain respects.
Access to expunged records for firearm eligibility (Sec. 609A.037)
- Notwithstanding an expungement order, a chief of police or sheriff may open and use an expunged record to investigate whether a person is eligible to purchase, receive, or carry a firearm.
- The chief or sheriff may exchange the expunged record with other chiefs/sheriffs in the pursuit of firearm eligibility investigations.
- If the expunged record is not a basis to deny a firearm permit, the record must be stored and handled in a way that restricts its use to the investigation.
- If the expunged record is used as a basis to deny a permit or disqualify a transferee, the authority must notify the person of the specific factual basis and provide a copy of the expunged record upon request.
- If the person appeals a denial, the expunged record may be opened for purposes of the appeal.
- Any time an expunged record is opened or exchanged under these provisions, it remains subject to the original expungement order.
Privacy and data handling
- Private or confidential data in expunged records must be handled in line with existing privacy laws.
- Data sharing and disclosures in pursuit of firearm eligibility have specific rules to protect individuals’ privacy unless a denial or disqualification is justified.
Significant Changes and Impacts
Expanded access to expunged records
- Law enforcement can use expunged juvenile delinquency records to assess firearm eligibility, which is a notable shift from strict privacy around expunged records.
- Agencies may share expunged information among criminal justice entities to evaluate firearm eligibility.
Clear procedures for denials and appeals
- If an expunged record contributes to denying a firearm permit, the applicant must be told the exact factual basis and provided a copy of the expunged record.
- Applicants have a path to appeal the decision, and the expunged record can be used in the appeal process.
Protection of privacy when not used to deny
- When the expunged record is not used to deny, it must be stored in a way that limits its use to the investigation, helping protect the person’s privacy.
Distinction by date of expungement
- Records expunged before 2015 remain restricted in terms of access, while those expunged on or after 2015 have broader but still controlled access under the new firearm-eligibility framework.
Practical Effects to Watch
- Individuals with expunged records could face firearm eligibility scrutiny, even though the records are expunged.
- Law enforcement workflows may include more data-sharing steps related to firearm checks.
- The bill creates a structured balance between rehabilitation/expungement goals and public safety concerns regarding firearms.
Relevant Terms expungement; expunged record; delinquency; juvenile delinquency; sealing; public safety; eligibility to purchase receive or carry a firearm; firearm; 609A.037; 624.7131; 624.7132; 624.714; chief of police; sheriff; criminal justice agencies; exchange; private data; confidential data; notice of denial; disqualification; appeal; investigation; court order; access; restricted storage.
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Public Safety Finance and Policy on: March 04, 2026 15:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | House | Action | Introduction and first reading, referred to | Public Safety Finance and Policy | |
| March 09, 2026 | House | Action | Committee report, to adopt | ||
| March 09, 2026 | House | Action | Second reading |
Citations
[
{
"analysis": {
"added": [
"Authorizes access to expunged records for purposes of determining if a person is eligible to purchase, receive, or carry a firearm under section 609A.037."
],
"removed": [],
"summary": "This bill amends Minnesota Statutes 2024 section 260B.198, subdivision 6, to address expungement and the handling of expunged records in relation to firearm eligibility determinations.",
"modified": [
"Clarifies the interaction between expungement and firearm eligibility determinations, including cross-references to related firearm provisions."
]
},
"citation": "260B.198",
"subdivision": "subd. 6"
},
{
"analysis": {
"added": [
"Allows an expunged record expunged under this subdivision on or after January 1, 2015 to be opened, used, or exchanged to determine firearm eligibility."
],
"removed": [],
"summary": "The bill provisions under 609A.03, subd. 7a address how expunged records may be opened or exchanged between criminal justice agencies for firearm eligibility determinations under 609A.037.",
"modified": [
"Specifies the conditions under which expunged records may be shared between agencies and used to determine firearm eligibility, linking to 609A.037 and privacy considerations."
]
},
"citation": "609A.03",
"subdivision": "subd. 7a"
},
{
"analysis": {
"added": [
"Clarifies privacy protections for data disclosed in expungement-related proceedings."
],
"removed": [],
"summary": "This subdivision governs the disclosure of private or confidential data in a proceeding under this subdivision.",
"modified": [
"Incorporates privacy considerations into the expungement-related data handling provisions."
]
},
"citation": "609A.03",
"subdivision": "subd. 3"
},
{
"analysis": {
"added": [
"Applies to the appeal process for expungement decisions under this subdivision."
],
"removed": [],
"summary": "This subdivision addresses appeals related to orders under this subdivision.",
"modified": [
"Defines how privacy and data handling provisions apply to appeals of expungement orders."
]
},
"citation": "609A.03",
"subdivision": "subd. 9"
},
{
"analysis": {
"added": [
"Explicitly permits expunged records to be opened and used by a chief of police or sheriff, and exchanged between chiefs or sheriffs, without a court order, for purposes related to firearm eligibility investigations."
],
"removed": [],
"summary": "The bill references 609A.037 (FIREARMS) in the context of expunged records being opened or used by law enforcement to determine firearm eligibility.",
"modified": [
"Cross-references to expungement provisions and related investigations under firearm laws."
]
},
"citation": "609A.037",
"subdivision": ""
},
{
"analysis": {
"added": [
"Links expungement data handling to procedures within 624.7131, subd. 2 for firearm eligibility investigations."
],
"removed": [],
"summary": "The bill cites 624.7131, subd. 2 in connection with firearm eligibility investigations involving expunged records.",
"modified": [
"Integrates cross-reference to 624.7131, subd. 2 in the context of accessing expunged records for gun determinations."
]
},
"citation": "624.7131",
"subdivision": "subd. 2"
},
{
"analysis": {
"added": [
"Establishes cross-referencing to 624.7132, subd. 2 for agency access to expunged data in firearm eligibility contexts."
],
"removed": [],
"summary": "The bill cites 624.7132, subd. 2 in relation to the use of expunged records during firearm eligibility investigations.",
"modified": [
"Harmonizes provisions across sections 624.7131–624.7132 regarding expunged records and firearm eligibility."
]
},
"citation": "624.7132",
"subdivision": "subd. 2"
},
{
"analysis": {
"added": [
"Incorporates 624.714, subd. 4 into the framework for using expunged data in firearm eligibility determinations."
],
"removed": [],
"summary": "The bill cites 624.714, subd. 4 in the context of firearm eligibility investigations involving expunged records.",
"modified": [
"Aligns investigative procedures under 624.714 with expungement-related access to records for firearms."
]
},
"citation": "624.714",
"subdivision": "subd. 4"
}
]Progress through the legislative process
In Committee