SF3929

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.