Bill Text: MN HF479 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Good conduct certificates established as evidence of rehabilitation, effects of certificate and eligibility described, funding provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2013-02-11 - Introduction and first reading, referred to Public Safety Finance and Policy [HF479 Detail]
Download: Minnesota-2013-HF479-Introduced.html
1.2relating to public safety; establishing certificates of good conduct and describing
1.3the effects of a certificate and eligibility; appropriating money; amending
1.4Minnesota Statutes 2012, sections 364.03, subdivision 3; 364.09; 609A.03,
1.5subdivisions 1, 2; 611A.06, subdivision 1a; proposing coding for new law in
1.6Minnesota Statutes, chapter 364.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 364.03, subdivision 3, is amended to read:
1.9 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.10crime or crimes which directly relate to the public employment sought or to the occupation
1.11for which a license is sought shall not be disqualified from the employment or occupation
1.12if the person can show competent evidence of sufficient rehabilitation and present fitness
1.13to perform the duties of the public employment sought or the occupation for which
1.14the license is sought. Sufficient evidence of rehabilitation may be established by the
1.15production of a certificate of good conduct under section 364.19 or:
1.16(1) a copy of the local, state, or federal release order; and
1.17(2) evidence showing that at least one year has elapsed since release from any local,
1.18state, or federal correctional institution without subsequent conviction of a crime; and
1.19evidence showing compliance with all terms and conditions of probation or parole; or
1.20(3) a copy of the relevant Department of Corrections discharge order or other
1.21documents showing completion of probation or parole supervision.
1.22(b) In addition to the documentary evidence presented, the licensing or hiring
1.23authority shall consider any evidence presented by the applicant regarding:
1.24(1) the nature and seriousness of the crime or crimes for which convicted;
2.1(2) all circumstances relative to the crime or crimes, including mitigating
2.2circumstances or social conditions surrounding the commission of the crime or crimes;
2.3(3) the age of the person at the time the crime or crimes were committed;
2.4(4) the length of time elapsed since the crime or crimes were committed; and
2.5(5) all other competent evidence of rehabilitation and present fitness presented,
2.6including, but not limited to, letters of reference by persons who have been in contact with
2.7the applicant since the applicant's release from any local, state, or federal correctional
2.8institution.
2.9 Sec. 2. Minnesota Statutes 2012, section 364.09, is amended to read:
2.10364.09 EXCEPTIONS.
2.11(a)This chapter does Sections 364.01 to 364.10 do not apply to the licensing
2.12process for peace officers; to law enforcement agencies as defined in section626.84,
2.13subdivision 1 , paragraph (f); to fire protection agencies; to eligibility for a private
2.14detective or protective agent license; to the licensing and background study process under
2.15chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility
2.16for special transportation service endorsements; to eligibility for a commercial driver
2.17training instructor license, which is governed by section171.35 and rules adopted under
2.18that section; to emergency medical services personnel, or to the licensing by political
2.19subdivisions of taxicab drivers, if the applicant for the license has been discharged from
2.20sentence for a conviction within the ten years immediately preceding application of a
2.21violation of any of the following:
2.22(1) sections609.185 to
609.21 ,
609.221 to
609.223 ,
609.342 to
609.3451 , or
617.23,
2.23subdivision 2 or 3 ;
2.24(2) any provision of chapter 152 that is punishable by a maximum sentence of
2.2515 years or more; or
2.26(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
2.27the scene of an accident, or reckless or careless driving.
2.28This chapter also shall not apply to eligibility for juvenile corrections employment, where
2.29the offense involved child physical or sexual abuse or criminal sexual conduct.
2.30(b)This chapter does Sections 364.01 to 364.10 do not apply to a school district or
2.31to eligibility for a license issued or renewed by the Board of Teaching or the commissioner
2.32of education.
2.33(c) Nothing in this section precludes the Minnesota Police and Peace Officers
2.34Training Board or the state fire marshal from recommending policies set forth in this
3.1chapter to the attorney general for adoption in the attorney general's discretion to apply to
3.2law enforcement or fire protection agencies.
3.3(d)This chapter does Sections 364.01 to 364.10 do not apply to a license to practice
3.4medicine that has been denied or revoked by the Board of Medical Practice pursuant to
3.5section147.091, subdivision 1a .
3.6(e) This chapter does not apply to any person who has been denied a license to
3.7practice chiropractic or whose license to practice chiropractic has been revoked by the
3.8board in accordance with section148.10, subdivision 7 .
3.9 Sec. 3. [364.19] CERTIFICATE OF GOOD CONDUCT.
3.10 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
3.11have the meanings given in this subdivision.
3.12 (b) "Petitioner" means the person who files a petition for a certificate of good conduct.
3.13 (c) "Prosecuting attorney" means the attorney representing the jurisdiction where the
3.14petitioner was convicted or adjudicated delinquent for the crime for which the petitioner
3.15seeks a certificate of good conduct.
3.16 Subd. 2. Petition; filing fee. (a) A person who has been convicted or adjudicated
3.17delinquent by a Minnesota state district court for a crime committed in this state may
3.18petition a court for a certificate of good conduct as provided in this section. A petitioner
3.19may seek a certificate for a single crime or multiple crimes. When filing the petition, the
3.20petitioner shall pay a filing fee in the amount required under section 357.021, subdivision
3.212, clause (1).
3.22 (b) A person is not eligible for a certificate of good conduct and may not file a
3.23petition under this section if the person has filed a petition for a certificate of good conduct
3.24or expungement in the past two years.
3.25 Subd. 3. Contents of petition. (a) A petition for a certificate of good conduct must
3.26be signed under oath by the petitioner and state the following:
3.27 (1) the name under which the petitioner was convicted or adjudicated and all other
3.28aliases or names by which the petitioner has been known at any time;
3.29 (2) the petitioner's date of birth;
3.30 (3) all of the addresses at which the petitioner has resided at any time from the date
3.31of the offense in connection with which a certificate is sought, to the date of the petition;
3.32 (4) a statement of the reasons why the petitioner is seeking a certificate and why it
3.33should be granted;
3.34 (5) the date and terms of sentence or disposition and the name of the offense for which
3.35it was imposed; a detailed description of the crime for which the certificate is sought; the
4.1names of the judge and prosecuting attorney; the names of any individuals or businesses
4.2who were victims; whether there is a current order for protection, restraining order, or other
4.3no contact order prohibiting the petitioner from contacting the victims or whether there has
4.4ever been a prior order for protection or restraining order prohibiting the petitioner from
4.5contacting the victims; the court file number; and the date of conviction or adjudication;
4.6 (6) what steps the petitioner has taken since the time of the offense toward personal
4.7rehabilitation, including treatment, work, or other personal history that demonstrates
4.8rehabilitation;
4.9 (7) the petitioner's criminal conviction record indicating all convictions or
4.10delinquency adjudications for misdemeanors, gross misdemeanors, or felonies in this
4.11state, and for all comparable convictions or adjudications in any other state, federal court,
4.12or foreign country, whether the convictions or adjudications occurred before or after the
4.13conviction or adjudication for which the certificate is sought;
4.14 (8) the petitioner's criminal charges record indicating all prior and pending criminal
4.15charges against the petitioner in this state or another jurisdiction, including all criminal
4.16charges that have been continued for dismissal or stayed for adjudication, or have been
4.17the subject of pretrial diversion;
4.18 (9) all prior requests by the petitioner, whether for the present offense or for any
4.19other offenses, in this state or any other state or federal court, for pardon, return of arrest
4.20records, expungement or sealing of a criminal record, or certificate of good conduct or
4.21similar certificate, whether granted or not, and all stays of adjudication or imposition
4.22of sentence involving the petitioner; and
4.23 (10) any other information included on the form created by the district court for
4.24certificate of good conduct petitions.
4.25 (b) If there is a current order for protection, restraining order, or other no contact
4.26order prohibiting the petitioner from contacting the victims or there has ever been a prior
4.27order for protection or restraining order prohibiting the petitioner from contacting the
4.28victims, the petitioner shall attach a copy of the order to the petition.
4.29(c) The petitioner shall include with the petition an executed criminal history consent
4.30form, including fingerprints, and a money order or check payable to either the Bureau of
4.31Criminal Apprehension or the court, at the discretion of the court, in an amount equal to
4.32the actual cost to the bureau and the court of conducting the criminal history background
4.33check. A court deciding to receive payment may, at its discretion, accept payment in
4.34the form of a negotiable instrument other than a money order or check and shall pay
4.35the superintendent of the Bureau of Criminal Apprehension directly to conduct the
4.36background check. The superintendent shall conduct the background check by retrieving
5.1criminal history data maintained in the criminal justice information system computers
5.2and shall also conduct a search of the national criminal records repository, including
5.3the criminal justice data communications network. The superintendent is authorized
5.4to exchange fingerprints with the Federal Bureau of Investigation for purposes of the
5.5criminal history check. After concluding the background check, the superintendent shall
5.6provide the court with a copy of the petitioner's criminal record or a statement that the
5.7petitioner is not the subject of a criminal history record at the bureau.
5.8 Subd. 4. Service of petition and proposed order. (a) The petitioner shall serve
5.9the petition for a certificate of good conduct and a proposed certificate order on the
5.10prosecutorial office with jurisdiction over the conviction or adjudication for which the
5.11certificate is sought. Service must comply with rule 4.03 or 4.05 of the Minnesota Rules
5.12of Civil Procedure.
5.13 (b) The prosecutorial office shall make a reasonable and good-faith effort to notify
5.14any victims of the offense for which the certificate is sought who have requested notice
5.15pursuant to section611A.06 . Service under this paragraph does not constitute a violation
5.16of an existing order for protection, restraining order, or other no contact order.
5.17 (c) The prosecutorial office's notice to victims of the offense under this subdivision
5.18must specifically inform the victims of the victims' right to be present and to submit an
5.19oral or written statement at the hearing described in subdivision 5.
5.20 Subd. 5. Hearing. A hearing on the petition shall be held no sooner than 60 days
5.21after service of the petition. If the petition is filed in the judicial district where the offender
5.22was sentenced, the sentencing judge should preside over the hearing when possible. The
5.23prosecuting attorney may be a party to the hearing and represent the interests of the state
5.24at the petition proceedings. A victim of the offense for which a certificate is sought has
5.25a right to submit an oral or written statement to the court at the time of the hearing
5.26describing any conduct of the petitioner that has occurred after the petitioner's sentencing
5.27that is relevant to the issue of whether the petitioner has been rehabilitated, including the
5.28effect of this conduct upon the victim. The court shall receive testimony or evidence from
5.29either party to the petition. When making a decision, the court shall consider the entire
5.30record, including the victim's statement.
5.31 Subd. 6. Eligibility. (a) A petitioner is eligible for a certificate of good conduct
5.32under this section if the following conditions are met:
5.33 (1) the petitioner has been successfully discharged from the sentence or disposition
5.34imposed for the offense for which the certificate is sought and is not under correctional or
5.35probationary supervision for any other offense;
6.1 (2) if applicable, a period of at least five years has elapsed since the petitioner was
6.2required to register as a predatory offender under section 243.166;
6.3 (3) the petitioner has never been convicted of a violation of section 609.342,
6.4609.343, 609.344, or 609.3453, or a similar offense from another state or the United States;
6.5 (4) the petitioner has not been convicted of a crime, other than a violation of chapter
6.6169, for the following period immediately preceding the filing of the petition: (i) for a
6.7person convicted of a violent crime, as defined in section 609.1095, or who was required
6.8to register as a predatory offender, five years; or (ii) for all other persons, three years;
6.9 (5) the petitioner is not currently charged with a criminal offense;
6.10 (6) the petitioner demonstrates rehabilitation, which may be shown, among other
6.11ways, by evidence of the petitioner's good character, employment, volunteer activities, or
6.12participation in vocational, educational, treatment, or rehabilitation programs;
6.13 (7) the petitioner has paid or the court determines the petitioner is making a
6.14good-faith and consistent effort to pay court-ordered fines, restitution, and other costs
6.15related to the crime for which the certificate is sought;
6.16 (8) for petitions for certificates for crimes where an element of the offense involved
6.17alcohol or a controlled substance, the petitioner is not abusing alcohol or using a controlled
6.18substance;
6.19 (9) the issuance of the certificate is consistent with the public interest; and
6.20 (10) any other factor deemed relevant by the court, including, but not limited to, the
6.21severity of the conduct that constituted the offense for which the certificate is sought.
6.22 (b) The waiting period described in paragraph (a), clause (4), does not include
6.23any period of time that the petitioner is under correctional or probationary supervision
6.24for an offense.
6.25(c) As used in paragraph (a), clauses (3) and (4), "convicted" includes a stay of
6.26adjudication, imposition, or execution of sentence.
6.27 Subd. 7. Issuance of certificate. The court shall issue a certificate of good conduct
6.28to a petitioner if the petitioner establishes by a preponderance of the evidence that the
6.29petitioner meets the eligibility requirements specified in subdivisions 2, paragraph (b);
6.30and 6, paragraph (a), clauses (1) to (9), and any other factor required by the court under
6.31subdivision 6, paragraph (a), clause (10).
6.32 Subd. 8. Record with Bureau of Criminal Apprehension. If a court grants
6.33a certificate of good conduct under this section, the court shall notify the Bureau of
6.34Criminal Apprehension of the court's ruling. The bureau shall record the certificate on
6.35the petitioner's criminal record.
7.1 Subd. 9. Effect of certificate. (a) A certificate of good conduct issued under this
7.2section creates a presumption of rehabilitation in favor of the person to whom it was issued
7.3and relieves the person of any state-imposed collateral sanction, as defined in section
7.4609B.050, relating to eligibility for housing, employment, or professional or occupational
7.5licensing arising from a crime for which the certificate was issued. For background
7.6studies under chapter 245C, the commissioner of human services may not disqualify
7.7any individual solely for a crime for which the individual has received a certificate of
7.8good conduct. A disqualified holder of a certificate still must request a set aside. The
7.9commissioner may deny the request only if other factors exist that indicate that the risk of
7.10harm posed by the person outweighs the presumption of rehabilitation under the certificate.
7.11 (b) A certificate of good conduct has no effect on collateral sanctions that are
7.12unrelated to housing, employment, or licensing.
7.13 (c) Consistent with paragraph (a) and other applicable law, a housing or licensing
7.14authority or employer may, but is not required to, consider a conviction or delinquency
7.15adjudication that is the subject of a certificate of good conduct when making a housing,
7.16licensing, or employment decision. No cause of action exists against a housing or
7.17licensing authority or employer based on consideration of or a failure to consider a
7.18certificate of good conduct when making a housing, licensing, or employment decision.
7.19This paragraph does not relieve a person from any other legal duty in making a housing,
7.20licensing, or employment decision not related to the conduct that is the subject of the
7.21certificate of good conduct.
7.22 (d) Evidence relating to a conviction or delinquency adjudication for which a
7.23certificate of good conduct has been issued is inadmissible in a civil action against a
7.24housing or licensing authority or employer for negligence or other fault in making a
7.25housing, licensing, or employment decision if the authority or employer relied on the
7.26certificate when making the underlying decision.
7.27 (e) The existence of a certificate of good conduct is admissible as evidence of
7.28reasonable care by a person who relied on it when making a housing, licensing, or hiring
7.29decision related to the subject of the certificate.
7.30 Subd. 10. Revocation. A certificate of good conduct is revoked by operation of law
7.31if the subject of the certificate is subsequently convicted or adjudicated delinquent for a
7.32new crime. The district court may revoke a certificate of good conduct at any time based
7.33on evidence that the petitioner has not been law abiding or that the petitioner intentionally
7.34provided information in the petition that was false.
7.35 Subd. 11. Limited effect. A certificate of good conduct has only the effect given
7.36in this section. A certificate does not act as a pardon or expungement. The certificate
8.1does not relieve the person to whom it was issued of any collateral sanctions or legal
8.2disabilities related to predatory offender registration, eligibility to possess firearms, or
8.3driver's license sanctions. Any crime for which a certificate has been granted may still
8.4be used in any criminal sentencing proceeding and to enhance the charging or sentence
8.5for any crime as provided by law.
8.6 Subd. 12. Crime for misuse. Unless a greater penalty is specified elsewhere in
8.7statute, a person who knowingly uses or attempts to use a revoked certificate of good
8.8conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a
8.9gross misdemeanor.
8.10 Sec. 4. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.11 Subdivision 1. Petition; filing fee. (a) An individual who is the subject of a criminal
8.12record who is seeking the expungement of the record shall file a petition under this section
8.13and pay a filing fee in the amount required under section357.021, subdivision 2 , clause
8.14(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.15described in section609A.02, subdivision 3 .
8.16 (b) A person is not eligible for an expungement and may not file a petition under
8.17this chapter if the person has filed a petition for an expungement or a certificate of good
8.18conduct under section 364.19 in the past two years.
8.19 Sec. 5. Minnesota Statutes 2012, section 609A.03, subdivision 2, is amended to read:
8.20 Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
8.21oath by the petitioner and shall state the following:
8.22(1) the petitioner's full name and all other legal names or aliases by which the
8.23petitioner has been known at any time;
8.24(2) the petitioner's date of birth;
8.25(3) all of the petitioner's addresses from the date of the offense or alleged offense in
8.26connection with which an expungement order is sought, to the date of the petition;
8.27(4) why expungement is sought, if it is for employment or licensure purposes, the
8.28statutory or other legal authority under which it is sought, and why it should be granted;
8.29(5) the details of the offense or arrest for which expungement is sought, including
8.30the date and jurisdiction of the occurrence, either the names of any victims or that there
8.31were no identifiable victims, whether there is a current order for protection, restraining
8.32order, or other no contact order prohibiting the petitioner from contacting the victims or
8.33whether there has ever been a prior order for protection or restraining order prohibiting the
9.1petitioner from contacting the victims, the court file number, and the date of conviction
9.2or of dismissal;
9.3(6) in the case of a conviction, what steps the petitioner has taken since the time of
9.4the offense toward personal rehabilitation, including treatment, work, or other personal
9.5history that demonstrates rehabilitation;
9.6(7) petitioner's criminal conviction record indicating all convictions for
9.7misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
9.8convictions in any other state, federal court, or foreign country, whether the convictions
9.9occurred before or after the arrest or conviction for which expungement is sought;
9.10(8) petitioner's criminal charges record indicating all prior and pending criminal
9.11charges against the petitioner in this state or another jurisdiction, including all criminal
9.12charges that have been continued for dismissal or stayed for adjudication, or have been the
9.13subject of pretrial diversion; and
9.14(9) all prior requests by the petitioner, whether for the present offense or for any
9.15other offenses, in this state or any other state or federal court, for pardon, return of arrest
9.16records, a certificate of good conduct or similar certificate, or expungement or sealing of
9.17a criminal record, whether granted or not, and all stays of adjudication or imposition of
9.18sentence involving the petitioner.
9.19(b) If there is a current order for protection, restraining order, or other no contact
9.20order prohibiting the petitioner from contacting the victims or there has ever been a prior
9.21order for protection or restraining order prohibiting the petitioner from contacting the
9.22victims, the petitioner shall attach a copy of the order to the petition.
9.23 Sec. 6. Minnesota Statutes 2012, section 611A.06, subdivision 1a, is amended to read:
9.24 Subd. 1a. Notice of expungement or certificate of good conduct required. The
9.25prosecuting authority with jurisdiction over an offense for which expungement or a
9.26certificate of good conduct under section 364.19 is being sought shall make a good faith
9.27effort to notify a victim that the expungement or a certificate is being sought if: (1) the
9.28victim has mailed to the prosecuting authority with jurisdiction over an offense for which
9.29expungement or a certificate is being sought a written request for this notice, or (2) the
9.30victim has indicated on a request for notice ofexpungement release submitted under
9.31subdivision 1 a desire to be notified in the event the offender seeks an expungement or a
9.32certificate for the offense.
9.33A copy of any written request for a notice of expungement or a certificate request
9.34received by the commissioner of corrections or other custodial authority shall be
9.35forwarded to the prosecutorial authority with jurisdiction over the offense to which the
10.1notice relates. The prosecutorial authority complies with this section upon mailing a copy
10.2of an expungement or a certificate petition relating to the notice to the address which the
10.3victim has most recently provided in writing.
10.4 Sec. 7. APPROPRIATIONS.
10.5(a) $....... for the fiscal year ending June 30, 2014, and $....... for the fiscal year
10.6ending June 30, 2015, are appropriated to the district courts from the general fund to
10.7implement Minnesota Statutes, section 364.19.
10.8(b) $....... for the fiscal year ending June 30, 2014, and $....... for the fiscal year
10.9ending June 30, 2015, are appropriated to the commissioner of public safety from the
10.10general fund to implement Minnesota Statutes, section 364.19.
1.3the effects of a certificate and eligibility; appropriating money; amending
1.4Minnesota Statutes 2012, sections 364.03, subdivision 3; 364.09; 609A.03,
1.5subdivisions 1, 2; 611A.06, subdivision 1a; proposing coding for new law in
1.6Minnesota Statutes, chapter 364.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 364.03, subdivision 3, is amended to read:
1.9 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.10crime or crimes which directly relate to the public employment sought or to the occupation
1.11for which a license is sought shall not be disqualified from the employment or occupation
1.12if the person can show competent evidence of sufficient rehabilitation and present fitness
1.13to perform the duties of the public employment sought or the occupation for which
1.14the license is sought. Sufficient evidence of rehabilitation may be established by the
1.15production of a certificate of good conduct under section 364.19 or:
1.16(1) a copy of the local, state, or federal release order; and
1.17(2) evidence showing that at least one year has elapsed since release from any local,
1.18state, or federal correctional institution without subsequent conviction of a crime; and
1.19evidence showing compliance with all terms and conditions of probation or parole; or
1.20(3) a copy of the relevant Department of Corrections discharge order or other
1.21documents showing completion of probation or parole supervision.
1.22(b) In addition to the documentary evidence presented, the licensing or hiring
1.23authority shall consider any evidence presented by the applicant regarding:
1.24(1) the nature and seriousness of the crime or crimes for which convicted;
2.1(2) all circumstances relative to the crime or crimes, including mitigating
2.2circumstances or social conditions surrounding the commission of the crime or crimes;
2.3(3) the age of the person at the time the crime or crimes were committed;
2.4(4) the length of time elapsed since the crime or crimes were committed; and
2.5(5) all other competent evidence of rehabilitation and present fitness presented,
2.6including, but not limited to, letters of reference by persons who have been in contact with
2.7the applicant since the applicant's release from any local, state, or federal correctional
2.8institution.
2.9 Sec. 2. Minnesota Statutes 2012, section 364.09, is amended to read:
2.10364.09 EXCEPTIONS.
2.11(a)
2.12process for peace officers; to law enforcement agencies as defined in section
2.13subdivision 1
2.14detective or protective agent license; to the licensing and background study process under
2.15chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility
2.16for special transportation service endorsements; to eligibility for a commercial driver
2.17training instructor license, which is governed by section
2.18that section; to emergency medical services personnel, or to the licensing by political
2.19subdivisions of taxicab drivers, if the applicant for the license has been discharged from
2.20sentence for a conviction within the ten years immediately preceding application of a
2.21violation of any of the following:
2.22(1) sections
2.23subdivision 2 or 3
2.24(2) any provision of chapter 152 that is punishable by a maximum sentence of
2.2515 years or more; or
2.26(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
2.27the scene of an accident, or reckless or careless driving.
2.28This chapter also shall not apply to eligibility for juvenile corrections employment, where
2.29the offense involved child physical or sexual abuse or criminal sexual conduct.
2.30(b)
2.31to eligibility for a license issued or renewed by the Board of Teaching or the commissioner
2.32of education.
2.33(c) Nothing in this section precludes the Minnesota Police and Peace Officers
2.34Training Board or the state fire marshal from recommending policies set forth in this
3.1chapter to the attorney general for adoption in the attorney general's discretion to apply to
3.2law enforcement or fire protection agencies.
3.3(d)
3.4medicine that has been denied or revoked by the Board of Medical Practice pursuant to
3.5section
3.6(e) This chapter does not apply to any person who has been denied a license to
3.7practice chiropractic or whose license to practice chiropractic has been revoked by the
3.8board in accordance with section
3.9 Sec. 3. [364.19] CERTIFICATE OF GOOD CONDUCT.
3.10 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
3.11have the meanings given in this subdivision.
3.12 (b) "Petitioner" means the person who files a petition for a certificate of good conduct.
3.13 (c) "Prosecuting attorney" means the attorney representing the jurisdiction where the
3.14petitioner was convicted or adjudicated delinquent for the crime for which the petitioner
3.15seeks a certificate of good conduct.
3.16 Subd. 2. Petition; filing fee. (a) A person who has been convicted or adjudicated
3.17delinquent by a Minnesota state district court for a crime committed in this state may
3.18petition a court for a certificate of good conduct as provided in this section. A petitioner
3.19may seek a certificate for a single crime or multiple crimes. When filing the petition, the
3.20petitioner shall pay a filing fee in the amount required under section 357.021, subdivision
3.212, clause (1).
3.22 (b) A person is not eligible for a certificate of good conduct and may not file a
3.23petition under this section if the person has filed a petition for a certificate of good conduct
3.24or expungement in the past two years.
3.25 Subd. 3. Contents of petition. (a) A petition for a certificate of good conduct must
3.26be signed under oath by the petitioner and state the following:
3.27 (1) the name under which the petitioner was convicted or adjudicated and all other
3.28aliases or names by which the petitioner has been known at any time;
3.29 (2) the petitioner's date of birth;
3.30 (3) all of the addresses at which the petitioner has resided at any time from the date
3.31of the offense in connection with which a certificate is sought, to the date of the petition;
3.32 (4) a statement of the reasons why the petitioner is seeking a certificate and why it
3.33should be granted;
3.34 (5) the date and terms of sentence or disposition and the name of the offense for which
3.35it was imposed; a detailed description of the crime for which the certificate is sought; the
4.1names of the judge and prosecuting attorney; the names of any individuals or businesses
4.2who were victims; whether there is a current order for protection, restraining order, or other
4.3no contact order prohibiting the petitioner from contacting the victims or whether there has
4.4ever been a prior order for protection or restraining order prohibiting the petitioner from
4.5contacting the victims; the court file number; and the date of conviction or adjudication;
4.6 (6) what steps the petitioner has taken since the time of the offense toward personal
4.7rehabilitation, including treatment, work, or other personal history that demonstrates
4.8rehabilitation;
4.9 (7) the petitioner's criminal conviction record indicating all convictions or
4.10delinquency adjudications for misdemeanors, gross misdemeanors, or felonies in this
4.11state, and for all comparable convictions or adjudications in any other state, federal court,
4.12or foreign country, whether the convictions or adjudications occurred before or after the
4.13conviction or adjudication for which the certificate is sought;
4.14 (8) the petitioner's criminal charges record indicating all prior and pending criminal
4.15charges against the petitioner in this state or another jurisdiction, including all criminal
4.16charges that have been continued for dismissal or stayed for adjudication, or have been
4.17the subject of pretrial diversion;
4.18 (9) all prior requests by the petitioner, whether for the present offense or for any
4.19other offenses, in this state or any other state or federal court, for pardon, return of arrest
4.20records, expungement or sealing of a criminal record, or certificate of good conduct or
4.21similar certificate, whether granted or not, and all stays of adjudication or imposition
4.22of sentence involving the petitioner; and
4.23 (10) any other information included on the form created by the district court for
4.24certificate of good conduct petitions.
4.25 (b) If there is a current order for protection, restraining order, or other no contact
4.26order prohibiting the petitioner from contacting the victims or there has ever been a prior
4.27order for protection or restraining order prohibiting the petitioner from contacting the
4.28victims, the petitioner shall attach a copy of the order to the petition.
4.29(c) The petitioner shall include with the petition an executed criminal history consent
4.30form, including fingerprints, and a money order or check payable to either the Bureau of
4.31Criminal Apprehension or the court, at the discretion of the court, in an amount equal to
4.32the actual cost to the bureau and the court of conducting the criminal history background
4.33check. A court deciding to receive payment may, at its discretion, accept payment in
4.34the form of a negotiable instrument other than a money order or check and shall pay
4.35the superintendent of the Bureau of Criminal Apprehension directly to conduct the
4.36background check. The superintendent shall conduct the background check by retrieving
5.1criminal history data maintained in the criminal justice information system computers
5.2and shall also conduct a search of the national criminal records repository, including
5.3the criminal justice data communications network. The superintendent is authorized
5.4to exchange fingerprints with the Federal Bureau of Investigation for purposes of the
5.5criminal history check. After concluding the background check, the superintendent shall
5.6provide the court with a copy of the petitioner's criminal record or a statement that the
5.7petitioner is not the subject of a criminal history record at the bureau.
5.8 Subd. 4. Service of petition and proposed order. (a) The petitioner shall serve
5.9the petition for a certificate of good conduct and a proposed certificate order on the
5.10prosecutorial office with jurisdiction over the conviction or adjudication for which the
5.11certificate is sought. Service must comply with rule 4.03 or 4.05 of the Minnesota Rules
5.12of Civil Procedure.
5.13 (b) The prosecutorial office shall make a reasonable and good-faith effort to notify
5.14any victims of the offense for which the certificate is sought who have requested notice
5.15pursuant to section
5.16of an existing order for protection, restraining order, or other no contact order.
5.17 (c) The prosecutorial office's notice to victims of the offense under this subdivision
5.18must specifically inform the victims of the victims' right to be present and to submit an
5.19oral or written statement at the hearing described in subdivision 5.
5.20 Subd. 5. Hearing. A hearing on the petition shall be held no sooner than 60 days
5.21after service of the petition. If the petition is filed in the judicial district where the offender
5.22was sentenced, the sentencing judge should preside over the hearing when possible. The
5.23prosecuting attorney may be a party to the hearing and represent the interests of the state
5.24at the petition proceedings. A victim of the offense for which a certificate is sought has
5.25a right to submit an oral or written statement to the court at the time of the hearing
5.26describing any conduct of the petitioner that has occurred after the petitioner's sentencing
5.27that is relevant to the issue of whether the petitioner has been rehabilitated, including the
5.28effect of this conduct upon the victim. The court shall receive testimony or evidence from
5.29either party to the petition. When making a decision, the court shall consider the entire
5.30record, including the victim's statement.
5.31 Subd. 6. Eligibility. (a) A petitioner is eligible for a certificate of good conduct
5.32under this section if the following conditions are met:
5.33 (1) the petitioner has been successfully discharged from the sentence or disposition
5.34imposed for the offense for which the certificate is sought and is not under correctional or
5.35probationary supervision for any other offense;
6.1 (2) if applicable, a period of at least five years has elapsed since the petitioner was
6.2required to register as a predatory offender under section 243.166;
6.3 (3) the petitioner has never been convicted of a violation of section 609.342,
6.4609.343, 609.344, or 609.3453, or a similar offense from another state or the United States;
6.5 (4) the petitioner has not been convicted of a crime, other than a violation of chapter
6.6169, for the following period immediately preceding the filing of the petition: (i) for a
6.7person convicted of a violent crime, as defined in section 609.1095, or who was required
6.8to register as a predatory offender, five years; or (ii) for all other persons, three years;
6.9 (5) the petitioner is not currently charged with a criminal offense;
6.10 (6) the petitioner demonstrates rehabilitation, which may be shown, among other
6.11ways, by evidence of the petitioner's good character, employment, volunteer activities, or
6.12participation in vocational, educational, treatment, or rehabilitation programs;
6.13 (7) the petitioner has paid or the court determines the petitioner is making a
6.14good-faith and consistent effort to pay court-ordered fines, restitution, and other costs
6.15related to the crime for which the certificate is sought;
6.16 (8) for petitions for certificates for crimes where an element of the offense involved
6.17alcohol or a controlled substance, the petitioner is not abusing alcohol or using a controlled
6.18substance;
6.19 (9) the issuance of the certificate is consistent with the public interest; and
6.20 (10) any other factor deemed relevant by the court, including, but not limited to, the
6.21severity of the conduct that constituted the offense for which the certificate is sought.
6.22 (b) The waiting period described in paragraph (a), clause (4), does not include
6.23any period of time that the petitioner is under correctional or probationary supervision
6.24for an offense.
6.25(c) As used in paragraph (a), clauses (3) and (4), "convicted" includes a stay of
6.26adjudication, imposition, or execution of sentence.
6.27 Subd. 7. Issuance of certificate. The court shall issue a certificate of good conduct
6.28to a petitioner if the petitioner establishes by a preponderance of the evidence that the
6.29petitioner meets the eligibility requirements specified in subdivisions 2, paragraph (b);
6.30and 6, paragraph (a), clauses (1) to (9), and any other factor required by the court under
6.31subdivision 6, paragraph (a), clause (10).
6.32 Subd. 8. Record with Bureau of Criminal Apprehension. If a court grants
6.33a certificate of good conduct under this section, the court shall notify the Bureau of
6.34Criminal Apprehension of the court's ruling. The bureau shall record the certificate on
6.35the petitioner's criminal record.
7.1 Subd. 9. Effect of certificate. (a) A certificate of good conduct issued under this
7.2section creates a presumption of rehabilitation in favor of the person to whom it was issued
7.3and relieves the person of any state-imposed collateral sanction, as defined in section
7.4609B.050, relating to eligibility for housing, employment, or professional or occupational
7.5licensing arising from a crime for which the certificate was issued. For background
7.6studies under chapter 245C, the commissioner of human services may not disqualify
7.7any individual solely for a crime for which the individual has received a certificate of
7.8good conduct. A disqualified holder of a certificate still must request a set aside. The
7.9commissioner may deny the request only if other factors exist that indicate that the risk of
7.10harm posed by the person outweighs the presumption of rehabilitation under the certificate.
7.11 (b) A certificate of good conduct has no effect on collateral sanctions that are
7.12unrelated to housing, employment, or licensing.
7.13 (c) Consistent with paragraph (a) and other applicable law, a housing or licensing
7.14authority or employer may, but is not required to, consider a conviction or delinquency
7.15adjudication that is the subject of a certificate of good conduct when making a housing,
7.16licensing, or employment decision. No cause of action exists against a housing or
7.17licensing authority or employer based on consideration of or a failure to consider a
7.18certificate of good conduct when making a housing, licensing, or employment decision.
7.19This paragraph does not relieve a person from any other legal duty in making a housing,
7.20licensing, or employment decision not related to the conduct that is the subject of the
7.21certificate of good conduct.
7.22 (d) Evidence relating to a conviction or delinquency adjudication for which a
7.23certificate of good conduct has been issued is inadmissible in a civil action against a
7.24housing or licensing authority or employer for negligence or other fault in making a
7.25housing, licensing, or employment decision if the authority or employer relied on the
7.26certificate when making the underlying decision.
7.27 (e) The existence of a certificate of good conduct is admissible as evidence of
7.28reasonable care by a person who relied on it when making a housing, licensing, or hiring
7.29decision related to the subject of the certificate.
7.30 Subd. 10. Revocation. A certificate of good conduct is revoked by operation of law
7.31if the subject of the certificate is subsequently convicted or adjudicated delinquent for a
7.32new crime. The district court may revoke a certificate of good conduct at any time based
7.33on evidence that the petitioner has not been law abiding or that the petitioner intentionally
7.34provided information in the petition that was false.
7.35 Subd. 11. Limited effect. A certificate of good conduct has only the effect given
7.36in this section. A certificate does not act as a pardon or expungement. The certificate
8.1does not relieve the person to whom it was issued of any collateral sanctions or legal
8.2disabilities related to predatory offender registration, eligibility to possess firearms, or
8.3driver's license sanctions. Any crime for which a certificate has been granted may still
8.4be used in any criminal sentencing proceeding and to enhance the charging or sentence
8.5for any crime as provided by law.
8.6 Subd. 12. Crime for misuse. Unless a greater penalty is specified elsewhere in
8.7statute, a person who knowingly uses or attempts to use a revoked certificate of good
8.8conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a
8.9gross misdemeanor.
8.10 Sec. 4. Minnesota Statutes 2012, section 609A.03, subdivision 1, is amended to read:
8.11 Subdivision 1. Petition; filing fee. (a) An individual who is the subject of a criminal
8.12record who is seeking the expungement of the record shall file a petition under this section
8.13and pay a filing fee in the amount required under section
8.14(1). The filing fee may be waived in cases of indigency and shall be waived in the cases
8.15described in section
8.16 (b) A person is not eligible for an expungement and may not file a petition under
8.17this chapter if the person has filed a petition for an expungement or a certificate of good
8.18conduct under section 364.19 in the past two years.
8.19 Sec. 5. Minnesota Statutes 2012, section 609A.03, subdivision 2, is amended to read:
8.20 Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
8.21oath by the petitioner and shall state the following:
8.22(1) the petitioner's full name and all other legal names or aliases by which the
8.23petitioner has been known at any time;
8.24(2) the petitioner's date of birth;
8.25(3) all of the petitioner's addresses from the date of the offense or alleged offense in
8.26connection with which an expungement order is sought, to the date of the petition;
8.27(4) why expungement is sought, if it is for employment or licensure purposes, the
8.28statutory or other legal authority under which it is sought, and why it should be granted;
8.29(5) the details of the offense or arrest for which expungement is sought, including
8.30the date and jurisdiction of the occurrence, either the names of any victims or that there
8.31were no identifiable victims, whether there is a current order for protection, restraining
8.32order, or other no contact order prohibiting the petitioner from contacting the victims or
8.33whether there has ever been a prior order for protection or restraining order prohibiting the
9.1petitioner from contacting the victims, the court file number, and the date of conviction
9.2or of dismissal;
9.3(6) in the case of a conviction, what steps the petitioner has taken since the time of
9.4the offense toward personal rehabilitation, including treatment, work, or other personal
9.5history that demonstrates rehabilitation;
9.6(7) petitioner's criminal conviction record indicating all convictions for
9.7misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
9.8convictions in any other state, federal court, or foreign country, whether the convictions
9.9occurred before or after the arrest or conviction for which expungement is sought;
9.10(8) petitioner's criminal charges record indicating all prior and pending criminal
9.11charges against the petitioner in this state or another jurisdiction, including all criminal
9.12charges that have been continued for dismissal or stayed for adjudication, or have been the
9.13subject of pretrial diversion; and
9.14(9) all prior requests by the petitioner, whether for the present offense or for any
9.15other offenses, in this state or any other state or federal court, for pardon, return of arrest
9.16records, a certificate of good conduct or similar certificate, or expungement or sealing of
9.17a criminal record, whether granted or not, and all stays of adjudication or imposition of
9.18sentence involving the petitioner.
9.19(b) If there is a current order for protection, restraining order, or other no contact
9.20order prohibiting the petitioner from contacting the victims or there has ever been a prior
9.21order for protection or restraining order prohibiting the petitioner from contacting the
9.22victims, the petitioner shall attach a copy of the order to the petition.
9.23 Sec. 6. Minnesota Statutes 2012, section 611A.06, subdivision 1a, is amended to read:
9.24 Subd. 1a. Notice of expungement or certificate of good conduct required. The
9.25prosecuting authority with jurisdiction over an offense for which expungement or a
9.26certificate of good conduct under section 364.19 is being sought shall make a good faith
9.27effort to notify a victim that the expungement or a certificate is being sought if: (1) the
9.28victim has mailed to the prosecuting authority with jurisdiction over an offense for which
9.29expungement or a certificate is being sought a written request for this notice, or (2) the
9.30victim has indicated on a request for notice of
9.31subdivision 1 a desire to be notified in the event the offender seeks an expungement or a
9.32certificate for the offense.
9.33A copy of any written request for a notice of expungement or a certificate request
9.34received by the commissioner of corrections or other custodial authority shall be
9.35forwarded to the prosecutorial authority with jurisdiction over the offense to which the
10.1notice relates. The prosecutorial authority complies with this section upon mailing a copy
10.2of an expungement or a certificate petition relating to the notice to the address which the
10.3victim has most recently provided in writing.
10.4 Sec. 7. APPROPRIATIONS.
10.5(a) $....... for the fiscal year ending June 30, 2014, and $....... for the fiscal year
10.6ending June 30, 2015, are appropriated to the district courts from the general fund to
10.7implement Minnesota Statutes, section 364.19.
10.8(b) $....... for the fiscal year ending June 30, 2014, and $....... for the fiscal year
10.9ending June 30, 2015, are appropriated to the commissioner of public safety from the
10.10general fund to implement Minnesota Statutes, section 364.19.
