HF4495 (Legislative Session 94 (2025-2026))
Legislative auditor or state auditor allowed to access expunged criminal records for hiring purposes.
Related bill: SF4501
AI Generated Summary
Purpose
This bill changes how expunged criminal records can be used in state hiring and how expungement orders can be opened or shared. It aims to allow the Legislative Auditor or State Auditor to consider expunged convictions when evaluating candidates for employment, while also clarifying when and how expunged records can be opened, shared, or used by criminal justice agencies and other state bodies.
Main Provisions
Access to expunged records for hiring decisions
- The Legislative Auditor or the State Auditor would be allowed to access and consider expunged criminal records when evaluating final candidates for employment.
- They could disqualify a job applicant, in whole or part, if a prior expunged conviction is directly related to the position.
- This access and potential disqualification are explicitly allowed while other existing laws about criminal history checks still apply.
Exceptions to licensing and background processes
- The bill lists many licensing and background-check processes that remain protected from these expungement-access provisions. Examples include:
- Licensing for peace officers and certain law-enforcement or fire protection roles
- Licensing and background studies under specific chapters for certain professionals (e.g., private detective, professional educator licenses, nursing, medicine, chiropractic, etc.)
- Licenses and endorsements for school bus drivers, special transportation endorsements, commercial driver training instructors, EMS personnel, taxicab drivers, and others
- In these areas, the expunged-record access provision does not apply.
Not superseding other required checks
- The new rules do not override existing legal requirements to conduct criminal history background investigations or consider criminal history in certain employment contexts.
Changes to expungement rules (Section 2)
- Expunged DNA samples and DNA records are generally not sealed, returned, or destroyed in certain expungement contexts (with some exceptions).
- Expunged records may be opened or exchanged between criminal justice agencies without a court order for:
- Ongoing or completed investigations or sentencing
- Sentencing-related purposes
- Providing probation or other correctional services
- Special cases when a record can be opened without a court order:
- After acquittal or dismissal for lack of probable cause (with a court order under certain conditions)
- For evaluating prospective employees in a criminal-justice agency
- For background checks required under specific statutes
- For evaluating final candidates for employment by the Legislative Auditor or State Auditor (without a court order)
- Victims’ rights: a victim can request the court to order opening a record if it’s substantially related to the matter before the court.
- Prosecutors may request and the court shall provide certified records of conviction for expunged records in certain cases; the subject may also request records.
- Agencies must maintain access controls and notify relevant parties that a record has been sealed.
- Records opened or exchanged remain subject to the original expungement order and must be stored to limit use to the stated purpose.
- Defines “criminal justice agency” as a court or government entity that administers criminal justice.
- These expungement-access provisions apply to orders effective on or after January 1, 2015 and grants of expungement relief issued on or after January 1, 2025.
Significant Changes to Existing Law
- Adds explicit permission for the Legislative Auditor and State Auditor to use expunged records in hiring decisions.
- Creates a broad framework for when expunged records can be opened or shared between agencies without a court order, and when a court order is required.
- Clarifies that expunged records can be used in certain employment evaluations, but preserves many protections for specific licensed professions and regulated roles.
- Provides victim and prosecutorial access pathways in limited circumstances.
- Aligns expungement processes with certain background-check requirements once expungement relief is granted after 2025.
Potential Implications
- For applicants with expunged convictions, there may be more scrutiny in state-level hiring for certain positions, especially those involving public trust or direct interaction with the public.
- Professionals in many licensed fields retain protections against expunged-record access, limiting the bill’s reach in those areas.
- State agencies gain clearer rules about when they can access expunged records, which could affect investigations, sentencing, or administrative proceedings.
- Privacy and civil-liberties concerns may arise because expunged records could influence hiring decisions in more contexts than before.
Implementation Considerations
- Agencies must carefully follow the exemptions and access rules to avoid improperly using expunged records.
- courts and prosecutors may need processes to handle expedited orders or requests related to expunged records.
- Clear communication with applicants about when expunged records may affect hiring decisions will be important.
Relevant Terms expunged records expungement order expunged conviction Legislative Auditor State Auditor hiring decisions disqualify background check criminal history criminal justice agency DNA samples DNA records Bureau of Criminal Apprehension Professional Educator Licensing and Standards Board background study 245C court order ex parte court order victim rights acquittal dismissal for lack of probable cause investigation sentencing probation record sharing exemption notwithstanding licenses and licensing processes premises of background investigations public trust privacy concerns
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 18, 2026 | House | Action | Introduction and first reading, referred to | State Government Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"New provision authorizing access to and consideration of expunged records for evaluating final candidates for employment."
],
"removed": [],
"summary": "Adds explicit authority for access to expunged convictions in hiring evaluations by the Office of the Legislative Auditor or the State Auditor.",
"modified": [
"Clarifies that expunged records may be accessed for employment-related evaluation by designated auditing offices."
]
},
"citation": "364.09",
"subdivision": ""
},
{
"analysis": {
"added": [
"Provisions allowing expunged records to be opened or exchanged between criminal justice agencies for investigations, prosecutions, sentencing, probation, background checks, and related purposes.",
"Enumerated conditions for access in several scenarios (e.g., background checks, evaluating prospective employees, victim rights, etc.)."
],
"removed": [],
"summary": "Amends the limitations and procedures related to expungement orders, expanding who may access or open expunged records and under what circumstances.",
"modified": [
"Adds dates and conditions (effective January 1, 2015; relief issued after January 1, 2025) affecting expungement orders and access."
]
},
"citation": "609A.03",
"subdivision": "7a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References the definition of law enforcement agencies for the purposes of the bill’s expungement/access provisions.",
"modified": [
"Cross-references to law enforcement definitions to determine applicability of access to expunged records."
]
},
"citation": "626.84",
"subdivision": "1, paragraph f"
},
{
"analysis": {
"added": [
"Exemption of licensing/background processes under chapters 245A and 245C from certain expungement limitations."
],
"removed": [],
"summary": "Chapter cited in relation to licensing and background processes that are exempt from certain expungement restrictions.",
"modified": []
},
"citation": "245A",
"subdivision": ""
},
{
"analysis": {
"added": [
"Exemption of licensing/background processes under chapters 245A and 245C from certain expungement limitations."
],
"removed": [],
"summary": "Chapter cited in relation to licensing and background processes that are exempt from certain expungement restrictions.",
"modified": []
},
"citation": "245C",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Section governing the commercial driver training instructor license referenced in the exemptions.",
"modified": [
"Indicates applicability of the exemptions and related rules to this license under section 171.35."
]
},
"citation": "171.35",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Background investigation process referenced from chapter 240.",
"modified": [
"Links licensing/background study processes to expungement-access provisions via cross-references to chapter 240."
]
},
"citation": "240",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Range of offenses/sections referenced in the eligibility exceptions within 364.09.",
"modified": [
"Cross-references to specific offenses that are treated as exceptions in the licensing/eligibility context."
]
},
"citation": "609.185-609.2114",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Range of offenses referenced in the licensing/eligibility exceptions.",
"modified": [
"Cross-references to additional offenses that may be treated as exceptions in licensing/eligibility."
]
},
"citation": "609.221-609.223",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Range of offenses referenced in the licensing/eligibility exceptions.",
"modified": [
"Cross-references to further offenses under the expungement/eligibility framework."
]
},
"citation": "609.342-609.3451",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References to specific subdivision-based allowances or restrictions affecting licensing/eligibility.",
"modified": [
"Specifies applicability of expungement/access provisions to particular subdivisions (2 or 3)."
]
},
"citation": "617.23",
"subdivision": "2 or 3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Minnesota Statutes 2012 section cited within the exceptions clause.",
"modified": [
"Cross-reference to prior-year statutory provision mentioned in the exceptions."
]
},
"citation": "609.21",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Chapter 152 referenced as part of the expungement exceptions.",
"modified": [
"Reference to chapter 152 for offenses punishable by long sentences within the exceptions."
]
},
"citation": "152",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to Chapter 169 (DWI and related driving offenses) within the exceptions.",
"modified": [
"Inclusion of DUI-related offenses within the eligibility exception framework."
]
},
"citation": "169",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to Chapter 169A (refusal/implied consent or related provisions) within the exceptions.",
"modified": [
"Inclusion of additional driving-related offenses within the exceptions."
]
},
"citation": "169A",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Background check requirements referenced (subdivision 8) in the expungement-access framework.",
"modified": [
"Expunged records may be opened for background checks under 122A.18, subdivision 8."
]
},
"citation": "122A.18",
"subdivision": "8"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Background study reference used in connection with expunged records access.",
"modified": [
"Cross-reference allowing expunged records to be opened for background studies under 245C.08."
]
},
"citation": "245C.08",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Medical licensing context referenced in the exemptions.",
"modified": [
"Exempts certain medical licensing actions (section 147.091, subdivision 1a, paragraph e) from the general expungement restrictions."
]
},
"citation": "147.091",
"subdivision": "1a, e"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Chiropractic license-related exemption referenced.",
"modified": [
"Exemption related to chiropractic licenses in the expungement framework (section 148.10, subdivision 7)."
]
},
"citation": "148.10",
"subdivision": "7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Nursing licensing exemption referenced.",
"modified": [
"Exemption related to nursing licenses in the expungement framework (section 148.261, subdivision 1a)."
]
},
"citation": "148.261",
"subdivision": "1a"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Health-related licensing exemption referenced.",
"modified": [
"Exemption related to health license/registration under section 148.5195, subdivision 5."
]
},
"citation": "148.5195",
"subdivision": "5"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Professional licensing board exemptions referenced.",
"modified": [
"Exemption related to the Professional Educator Licensing and Standards Board (section 153A.15, subdivision 2)."
]
},
"citation": "153A.15",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Definition of expungement exceptions permitting access after acquittal or dismissal.",
"modified": [
"Explicitly authorizes opening of sealed or expunged records after acquittal or dismissal for lack of probable cause (609A.02, subd. 3, par. a, cl. 1)."
]
},
"citation": "609A.02",
"subdivision": "3, paragraph a, clause 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expungement and access provisions reference other sections (609A.017) for court orders.",
"modified": [
"Cross-reference to expungement-related procedures in 609A.017."
]
},
"citation": "609A.017",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expungement order procedures and access referenced (609A.025).",
"modified": [
"Cross-reference to expungement-related procedures in 609A.025."
]
},
"citation": "609A.025",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Expungement order procedures and access referenced (609A.035).",
"modified": [
"Cross-reference to expungement-related procedures in 609A.035."
]
},
"citation": "609A.035",
"subdivision": ""
}
]Progress through the legislative process
In Committee