SF4501 (Legislative Session 94 (2025-2026))
Allow the legislative auditor or state auditor to access expunged criminal records for hiring purposes
AI Generated Summary
Purpose
To update rules about who can access expunged criminal records and when, specifically to allow the Legislative Auditor or State Auditor to access expunged convictions for evaluating hiring candidates, and to adjust how expungement orders can be opened or shared in certain situations.
Main Provisions
Expunged records and hiring decisions
- The bill explicitly allows the Legislative Auditor or State Auditor to access expunged criminal records and use them in hiring decisions, including disqualifying a candidate if the expunged conviction is directly related to the position.
- This access is described as permitted “in connection with evaluation of final candidates for employment” for these two offices.
- The new provision sits alongside existing limits that still require background checks or restrict access in certain licensing or employment contexts.
Exceptions to licensing and background-check rules
- Several licensing and licensing-background processes are carved out from this chapter, meaning the new expungement access rules do not apply to many traditional licensing paths (e.g., peace officers, fire protection, private detectives, school bus drivers, certain professional licenses, etc.).
- Other agency-specific processes and protections remain in place, and some types of licenses or employment still require other criminal-history rules.
Interaction with expunged records and court orders
- The bill expands when expunged records can be opened, used, or exchanged between criminal-justice agencies without a court order for specific investigative, prosecutorial, sentencing, or probation purposes.
- In certain situations (e.g., after acquittals or dismissals for lack of probable cause), an ex parte court order is required to access expunged records.
- For evaluating prospective or final candidates in specific settings (including for the Office of the Legislative Auditor or the State Auditor), an expunged record may be opened without a court order.
- Victims may request the court to open an expunged record if the record is substantially related to the matter before the court.
DNA data and expungement orders
- DNA samples and DNA records collected under certain conditions are not sealed, returned, or destroyed when an expungement order is issued.
- The bill clarifies how expunged records may be opened or shared while balancing needs for investigations, prosecutions, sentencing, and certain background checks.
Notification and safeguards
- Agencies that receive expunged records must maintain them in a way that limits use to the original purpose and must notify recipients if a record has been sealed.
- Some agencies (e.g., the Bureau of Criminal Apprehension, the Commissioner of Human Services, the Professional Educator Licensing and Standards Board) must be notified about the existence of sealed records and the right to access them under certain circumstances.
Scope and effective dates
- The new rules apply to expungement orders issued on or after January 1, 2015, and to expungement relief granted on or after January 1, 2025.
Significant Changes to Existing Law
- Adds a specific, explicit authorization for the Legislative Auditor and State Auditor to access expunged convictions and use them in hiring decisions for positions they oversee.
- Expands the circumstances under which expunged records can be opened or exchanged without a court order for certain criminal-justice processes and for evaluating job candidates within the offices of the Legislative Auditor or State Auditor.
- Clarifies that DNA-related expungement protections do not automatically seal or destroy DNA data obtained in connection with expunged charges.
- Maintains important licensing exceptions, ensuring that many professional-licensing processes are not swept up by the new access provisions.
- Introduces notification requirements and safeguards to limit access and preserve the integrity of expungement orders.
Relevant Terms expunged records; expungement order; Legislative Auditor; State Auditor; hiring decisions; background checks; criminal history; convictions; background study; criminal-justice agencies; open the record; exchange records; court order; ex parte court order; DNA samples; DNA records; Bureau of Criminal Apprehension; Professional Educator Licensing and Standards Board; Commissioner of Human Services; innocent/acquitted; probation; sentencing; background check under section 122A.18; background study under section 245C.08.
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 16, 2026 | Senate | Action | Introduction and first reading | ||
| March 16, 2026 | Senate | Action | Referred to | State and Local Government |
Citations
[
{
"analysis": {
"added": [
"Permits the Office of the Legislative Auditor or the state auditor to access and consider expunged conviction records for evaluating final candidates for employment and to disqualify applicants based on prior convictions related to the position."
],
"removed": [],
"summary": "Amends Minnesota Statutes 2024 section 364.09 to add explicit access provisions related to expunged convictions in hiring decisions.",
"modified": [
"Narrowed or clarified the scope of exceptions to the expungement framework in the context of job-related background checks."
]
},
"citation": "364.09",
"subdivision": ""
},
{
"analysis": {
"added": [
"Explicitly allows DNA samples and DNA records held by the Bureau of Criminal Apprehension to be opened, exchanged, or used in certain circumstances without sealing or destroying upon expungement.",
"Permits expunged records to be opened or exchanged for purposes of furthering or completing criminal investigations or prosecutions, sentencing, probation, or other correctional services without a court order in specified scenarios.",
"Allows access to expunged records without a court order for background studies under 245C.08 and for evaluating final candidates for employment by the Office of the Legislative Auditor or the state auditor."
],
"removed": [],
"summary": "Amends Subdivision 7a to address limitations and conditions around expungement orders, including access to expunged records and when they may be opened or exchanged.",
"modified": [
"Expands permissible uses and access to expunged records across multiple contexts, with specified conditions and references to court orders in some cases."
]
},
"citation": "609A.03",
"subdivision": "7a"
},
{
"analysis": {
"added": [
"Exemption indicating that certain expungement-related provisions do not apply to professional licensing actions described in subsection 1a.e."
],
"removed": [],
"summary": "Adds a carve-out related to expungement provisions as they apply to certain professional licensing determinations.",
"modified": [
"Clarifies limits of expungement applicability in the context of professional licensure decisions."
]
},
"citation": "147.091",
"subdivision": "1a.e"
},
{
"analysis": {
"added": [
"Exemption stating that the expungement provisions do not apply to a license to practice medicine (as described in the section cited) when such license has been denied or revoked."
],
"removed": [],
"summary": "Adds licensing-related carve-outs to the expungement framework.",
"modified": [
"Creates a professional licensure exception that narrows the reach of expungement-related provisions."
]
},
"citation": "148.10",
"subdivision": "7"
},
{
"analysis": {
"added": [
"Exemption for licensure actions within the Board of Nursing or related licensing processes as referenced in the bill."
],
"removed": [],
"summary": "Adds licensing carve-out provisions to expungement language.",
"modified": [
"Specifies additional carve-outs to ensure expungement considerations do not adversely affect certain health-related licensure actions."
]
},
"citation": "148.261",
"subdivision": "1a"
},
{
"analysis": {
"added": [
"Exemption language related to licensure and certification processes under health-related boards."
],
"removed": [],
"summary": "Continues licensing carve-out provisions within expungement framework.",
"modified": [
"Keeps expungement provisions from applying to specific licensure actions."
]
},
"citation": "148.5195",
"subdivision": "5"
},
{
"analysis": {
"added": [
"Exemption for certain professional licensing actions from expungement-related requirements."
],
"removed": [],
"summary": "Adds carve-out provisions related to licensure or professional standards boards.",
"modified": [
"Explicitly protects certain licensure decisions from expungement-based effects."
]
},
"citation": "153A.15",
"subdivision": "2"
},
{
"analysis": {
"added": [
"Exemption pertaining to licensing or credentialing actions by the state fire marshal or related agencies."
],
"removed": [],
"summary": "Incorporates a carve-out related to expungement and professional licensing.",
"modified": [
"Maintains separation between expungement processes and specific licensing determinations."
]
},
"citation": "626.84",
"subdivision": "1"
},
{
"analysis": {
"added": [
"Permits expunged records to be opened or considered in connection with background checks required under 122A.18, subdivision 8."
],
"removed": [],
"summary": "References background checks under section 122A.18, subdivision 8 in the expungement context.",
"modified": [
"Links expungement access to background check requirements under 122A.18."
]
},
"citation": "122A.18",
"subdivision": "8"
},
{
"analysis": {
"added": [
"Expunged records may be opened for purposes of a background study under section 245C.08 when properly served."
],
"removed": [],
"summary": "Background study provision referenced in expungement framework.",
"modified": [
"Connects expungement access to background-study processes under 245C.08."
]
},
"citation": "245C.08",
"subdivision": ""
},
{
"analysis": {
"added": [
"Notwithstanding expungement orders, DNA samples and DNA records may be treated in accordance with section 299C.105."
],
"removed": [],
"summary": "DNA sampling reference related to expungement considerations.",
"modified": [
"Clarifies interaction between expungement and DNA-related provisions."
]
},
"citation": "299C.105",
"subdivision": ""
},
{
"analysis": {
"added": [
"Allows certain exchanges or openings of expunged records without requiring a court order in specified contexts."
],
"removed": [],
"summary": "Expungement order access and related procedures clarified within 609A.02, subdivision 3.",
"modified": [
"Specifies circumstances under which expunged records may be opened or exchanged between agencies."
]
},
"citation": "609A.02",
"subdivision": "3"
},
{
"analysis": {
"added": [
"Expunged records may be opened for purposes of criminal investigations or sentencing following specific triggers (e.g., acquittal or dismissal)."
],
"removed": [],
"summary": "Provisions relating to expunged records in relation to criminal investigations and related proceedings.",
"modified": [
"Expands when expunged records may be accessed in criminal justice contexts."
]
},
"citation": "609A.017",
"subdivision": ""
},
{
"analysis": {
"added": [
"Expunged records may be opened for sentencing or similar purposes to inform ongoing cases."
],
"removed": [],
"summary": "Authorizes use of expunged records for sentencing, probation, or other correctional services under certain conditions.",
"modified": [
"Broadens permissible uses of expunged records in sentencing and related processes."
]
},
"citation": "609A.025",
"subdivision": ""
},
{
"analysis": {
"added": [
"Expunged records may be opened for purposes defined in 609A.035 and related statutes."
],
"removed": [],
"summary": "Further expungement-related access provisions under section 609A.035.",
"modified": [
"Expands or clarifies permissive access to expunged records in specific contexts."
]
},
"citation": "609A.035",
"subdivision": ""
},
{
"analysis": {
"added": [
"Noting applicability to certain offenses within the expungement framework."
],
"removed": [],
"summary": "Part of the list of offenses referenced in the context of expungement and background checks.",
"modified": [
"Maintains linkage to listed offenses when applying expungement-related provisions."
]
},
"citation": "609.185",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of offenses up to and including 609.2114 within the context of expungement."
],
"removed": [],
"summary": "Part of the offense range referenced in expungement-related prohibitions or considerations.",
"modified": [
"Ensures expungement provisions apply consistently to this range of offenses."
]
},
"citation": "609.2114",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to 609.221 in the expungement context."
],
"removed": [],
"summary": "Offenses cited in relation to expungement and background information.",
"modified": [
"Part of the enumerated offenses affected by the expungement framework."
]
},
"citation": "609.221",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to 609.223 in relation to expungement disclosures."
],
"removed": [],
"summary": "Additional offenses listed for expungement/background purposes.",
"modified": [
"Inclusion within expungement and records-access provisions."
]
},
"citation": "609.223",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of 609.342 within the expungement-access framework."
],
"removed": [],
"summary": "Part of the offense range cited with expungement context.",
"modified": [
"Expands or clarifies how offenses in this range interact with expungement rules."
]
},
"citation": "609.342",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of 609.3451 in the enumerated offenses for expungement-related access."
],
"removed": [],
"summary": "Offenses included in expungement-related considerations.",
"modified": [
"Aligns these offenses with expungement-use provisions."
]
},
"citation": "609.3451",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of 617.23 within the list of offenses affected by expungement and hiring provisions."
],
"removed": [],
"summary": "Reference to a motor vehicle-related offense (likely DUI-related) in the expungement context.",
"modified": [
"Ensures consistency of expungement rules with offenses under 617.23."
]
},
"citation": "617.23",
"subdivision": ""
},
{
"analysis": {
"added": [
"Acknowledges the existence of 609.21 (as of 2012) within the expungement-related provisions."
],
"removed": [],
"summary": "Cites Minnesota Statutes 2012 section 609.21 in the context of prior law references.",
"modified": [
"No substantive change to 609.21 itself; referenced for context."
]
},
"citation": "609.21",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of Chapter 152 in the context of prohibiting or guiding expungement usage."
],
"removed": [],
"summary": "References to Chapter 152 (likely related to health or other regulated activities) in the expungement context.",
"modified": [
"Ensures alignment of expungement with provisions in Chapter 152."
]
},
"citation": "152",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of offenses under Chapter 169 in the expungement-access scheme."
],
"removed": [],
"summary": "References to Chapter 169 (DUI-related offenses) within the expungement framework.",
"modified": [
"Expands the scope of offenses considered in expungement-related access."
]
},
"citation": "169",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of offenses under Chapter 169A in the expungement-access framework."
],
"removed": [],
"summary": "References to Chapter 169A (special driving offenses) within the expungement framework.",
"modified": [
"Expands the scope of offenses considered in expungement-related access."
]
},
"citation": "169A",
"subdivision": ""
},
{
"analysis": {
"added": [
"Links expungement rules to background studies and licensure processes under Chapter 245A."
],
"removed": [],
"summary": "Chapter 245A background studies and licensure context referenced in the expungement amendments.",
"modified": [
"Carves out or aligns expungement treatment with 245A licensure provisions."
]
},
"citation": "245A",
"subdivision": ""
},
{
"analysis": {
"added": [
"Notes interaction of expungement access with Chapter 240 background investigations."
],
"removed": [],
"summary": "Chapter 240 background investigation processes referenced in the expungement framework.",
"modified": [
"Incorporates Chapter 240 processes into expungement-access context."
]
},
"citation": "240",
"subdivision": ""
},
{
"analysis": {
"added": [
"Links expungement considerations to Chapter 245C background-study provisions."
],
"removed": [],
"summary": "Chapter 245C background studies referenced in the expungement provisions (e.g., 245C.08).",
"modified": [
"Integrates 245C background-study requirements with expungement access rules."
]
},
"citation": "245C",
"subdivision": ""
},
{
"analysis": {
"added": [
"References to Section 171.35 within the licensing/background-check context."
],
"removed": [],
"summary": "Section 171.35 referenced in relation to licensing or transportation contexts.",
"modified": [
"Maintains alignment of expungement-related exceptions with transportation/endorsement requirements."
]
},
"citation": "171.35",
"subdivision": ""
}
]Progress through the legislative process
In Committee