Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 203.1 whose records would be affected establishes by clear and convincing evidence that the 203.2 interests of the public and public safety outweigh the disadvantages to the petitioner of not 203.3 sealing the record. 203.4 (c) In making a determination under this subdivision, the court shall consider: 203.5 (1) the nature and severity of the underlying crime, the record of which would be sealed; 203.6 (2) the risk, if any, the petitioner poses to individuals or society; 203.E (3) the length of time since the crime occurred; 203.8 (4) the steps taken by the petitioner toward rehabilitation following the crime; 203.9 (5) aggravating or mitigating factors relating to the underlying crime, including the 203.10 petitioner's level of participation and context and circumstances of the underlying crime; 203.11 (6) the reasons for the expungement, including the petitioner's attempts to obtain 203.12 employment, housing, or other necessities; 203.13 (7) the petitioner's criminal record; 203.14 (8) the petitioner's record of employment and community involvement; 203.15 (9) the recommendations of interested law enforcement, prosecutorial, and corrections 203.16 officials; 203.17 (10) the recommendations of victims or whether victims of the underlying crime were 203.18 minors; 203.19 (11) the amount, if any, of restitution outstanding, past efforts made by the petitioner 203.20 toward payment, and the measures in place to help ensure completion of restitution payment 203.21 after expungement of the record if granted; and 203.22 (12) other factors deemed relevant by the court. 203.23 (d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court 203.24 issues an expungement order it may require that the criminal record be sealed, the existence 203.25 of the record not be revealed, and the record not be opened except as required under 203.26 subdivision 7. Records must not be destroyed or returned to the subject of the record. 203.27 (e) Information relating to a criminal history record of an employee, former employee, 203.28 or tenant that has been expunged before the occurrence of the act giving rise to the civil 203.29 action may not be introduced as evidence in a civil action against a private employer or 203.30 landlord or its employees or agents that is based on the conduct of the employee, former 203.31 employee, or tenant. Article 5 Sec. 2. 203