SF3929 (Legislative Session 94 (2025-2026))
Chiefs of police and sheriffs authorization to open certain expunged records to determine eligibility to purchase, receive, or carry a firearm
Related bill: HF3762
AI Generated Summary
Purpose
This bill would allow chiefs of police and sheriffs to open certain expunged records to determine if someone is eligible to purchase, receive, or carry a firearm. It also updates how expunged juvenile records are evaluated and accessed, and it clarifies how these records can be used in firearm-related decisions.
main Provisions
Expungement process changes (260B.198, subdivision 6):
- The court may expunge delinquency records if expungement benefits the person more than it harms public safety.
- When deciding, the court must consider factors such as: age and development at the time of offense; the nature and severity of the offense; victim and community impact; the person’s participation in the offense; prior juvenile/criminal history; history with services like child welfare, school, and probation; willingness to participate in programs; and other factors affecting rehabilitation and future opportunities.
- Records expunged before January 1, 2015 may not be opened or exchanged. Records expunged on or after that date are sealed, with access limited to certain circumstances.
- Post-2015 expunged records may be opened or exchanged between criminal justice agencies the same way as other criminal records for purposes allowed under the law.
- Privacy and appeal rules apply to how private data is disclosed or used.
Firearms-related access to expunged records (609A.037):
- Even with an expungement, a chief of police or sheriff may open an expunged conviction record to investigate firearm eligibility and may exchange that information between chiefs or sheriffs with jurisdiction over the applicant’s residence for the purposes of determining eligibility to purchase, receive, or carry a firearm.
- If the expunged record is not a reason to deny a permit, the agency must store it so it is used only for that investigation.
- If the expunged record is used to deny or disqualify, the applicant must be notified with the specific facts showing why the denial or disqualification is based on the expunged record, and the person may obtain a copy of the expunged record on request.
- If a person appeals a denial or other firearm-related decision, the expunged record may be opened or used for the appeal.
- The record remains subject to the original expungement order and privacy protections unless specifically used for a firearm-related investigation.
Significant Changes
- Expunged juvenile and adult records can be accessed by law enforcement for firearm eligibility determinations, even though they are sealed or expunged for general purposes.
- Agencies are allowed to share expunged records with other criminal justice agencies to evaluate firearm eligibility.
- If used to deny a firearm-related permit, applicants receive a clear factual basis for the denial and may obtain copies of the expunged record.
- The process includes safeguards and notices to individuals and preserves privacy when the expunged record is not used to deny eligibility.
Practical Implications
- Improved ability for law enforcement to assess firearm eligibility using relevant expunged information.
- Increased transparency when an expunged record affects a firearm decision (notice and copy provision).
- Clear rules on how and when expunged records can be shared or restricted between agencies.
- Emphasis on rehabilitation factors in expungement decisions, while balancing public safety in firearm eligibility determinations.
Relevant Terms expungement, delinquency records, juvenile delinquency, sealed records, access, notice of denial, copy upon request, chief of police, sheriff, criminal justice agencies, firearm eligibility, purchase, receive, carry, 609A.037, 624.7131, 624.7132, 624.714, 609A.03, disclosure, private data, appeal, interagency exchange, rehabilitation factors, mitigating factors, aggravating factors.
Bill text versions
- Introduction PDF PDF file
Past committee meetings
- Judiciary and Public Safety on: March 13, 2026 08:30
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | Senate | Action | Introduction and first reading | ||
| February 26, 2026 | Senate | Action | Referred to | Judiciary and Public Safety | |
| March 18, 2026 | Senate | Action | Comm report: To pass | ||
| March 18, 2026 | Senate | Action | Second reading |
Citations
[
{
"analysis": {
"added": [
"Adds authority for expunged records to be opened to determine 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 (Expungement) to authorize handling of expunged records for firearm eligibility determinations under section 609A.037, and to reorganize/expand the expungement criteria.",
"modified": [
"Expands expungement criteria and process, including enumerated factors (age, education, experience and background; circumstances and severity of the offense; victim and community impact; level of participation; juvenile delinquency and criminal history; programming history; and other aggravating or mitigating circumstances) and the potential benefit of expungement in education, employment, housing, and other necessities."
]
},
"citation": "260B.198",
"subdivision": "6"
},
{
"analysis": {
"added": [
"Expunged records may be opened and used by a chief of police or sheriff to determine if a person is eligible to purchase, receive, or carry a firearm (not requiring a court order).",
"Expunged records may be exchanged between chiefs of police and sheriffs with joint jurisdiction for purposes of such investigations."
],
"removed": [],
"summary": "The bill creates authority for police chiefs and sheriffs to open and exchange expunged records for firearm eligibility determinations, and to use expunged conviction records for investigations under 624.7131, 624.7132, and 624.714, with notification and handling restrictions.",
"modified": [
"Section 609A.037 is amended to permit access to expunged records for firearm eligibility determinations and to facilitate investigations with cross-references to 624.7131, 624.7132, and 624.714."
]
},
"citation": "609A.037",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference cited in the bill to support expunged-record access for firearm eligibility determinations; no direct modification to 624.7131 described in the introduced text.",
"modified": [
"Cross-reference to permit use of expunged data in investigations under 624.7131, subd. 2."
]
},
"citation": "624.7131",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference cited in the bill to support expunged-record access for firearm eligibility determinations; no direct modification to 624.7132 described in the introduced text.",
"modified": [
"Cross-reference to permit use of expunged data in investigations under 624.7132, subd. 2."
]
},
"citation": "624.7132",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference cited in the bill to support expunged-record access for firearm eligibility determinations; no direct modification to 624.714 described in the introduced text.",
"modified": [
"Cross-reference to permit use of expunged data in investigations under 624.714, subd. 4."
]
},
"citation": "624.714",
"subdivision": "4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill relies on 609A.03, subd. 3, paragraph d to govern the disclosure of private or confidential data in expungement-related proceedings.",
"modified": []
},
"citation": "609A.03",
"subdivision": "3, paragraph d"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references 609A.03, subd. 2 in relation to appeals of orders under this subdivision.",
"modified": []
},
"citation": "609A.03",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references 609A.03, subd. 7a, paragraph b, in the context of expunged data and firearm eligibility notices.",
"modified": []
},
"citation": "609A.03",
"subdivision": "7a, paragraph b"
}
]Progress through the legislative process
In Committee