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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 <br />202.1 drug -impaired drivers on Minnesota roads and to evaluate and validate the appropriate <br />202.2 device that could be authorized for use. <br />202.3 (b) The results of this preliminary oral fluid test must not be used in any court action. <br />202.4 (c) Following the screening test, additional tests may be required of the driver pursuant <br />202.5 to Minnesota Statutes, section 169A.51 (chemical tests for intoxication). <br />202.6 EFFECTIVE DATE. This section is effective August 1, 2023, and expires July 31, <br />202.E 2025. <br />202.8 ARTICLE 5 <br />202.9 EXPUNGEMENT <br />202.10 Section 1. Minnesota Statutes 2022, section 609A.01, is amended to read: <br />202.11 609A.01 EXPUNGEMENT OF CRIMINAL RECORDS. <br />202.12 This chapter provides the grounds and procedures for expungement of criminal records <br />202.13 under section 13.82; 152.18, subdivision 1; 299C.11, where a petition is authorized under <br />202.14 section 609A.02, subdivision 3; expungement is automatic under section 609A.05; <br />202.15 expungement is considered by a panel under section 609A.06; or other applicable law. The <br />202.16 remedy available is limited to a court order sealing the records and prohibiting the disclosure <br />202.17 of their existence or their opening except under court order or statutory authority. Nothing <br />202.18 in this chapter authorizes the destruction of records or their return to the subject of the <br />202. i 9 records. <br />202.20 EFFECTIVE DATE. This section is effective August 1, 2023. <br />202.21 Sec. 2. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read: <br />202.22 Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by paragraph <br />202.23 (b), expungement of a criminal record under this section is an extraordinary remedy to be <br />202.24 granted only upon clear and convincing evidence that it would yield a benefit to the petitioner <br />202.25 commensurate with the disadvantages to the public and public safety of: <br />202.26 (1) sealing the record; and <br />202.27 (2) burdening the court and public authorities to issue, enforce, and monitor an <br />202.28 expungement order. <br />202.29 (b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for <br />202.30 the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause <br />202.31 (1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction <br />Article 5 Sec. 2. 202 <br />