Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 206.1 expungement, any records of an arrest, conviction, or incarceration should not appear on 206.2 any background check or study performed in Minnesota. Notice must also clearly state that 206.3 an order of expungement or a grant of expungement may not change a person's immigration 206.4 status and any person with questions about the effect on the person's immigration status 206.5 should consult with an immi aration attornev. 206.6 (g) On a schedule and in a manner established by the commissioner of human services, 206.E the bureau shall send the commissioner of human services a list identifying the name and 206.8 case number or, if no case number is available, the citation number of each person who 206.9 received a grant of expungement. 206.10 (h) Data on a person whose offense has been expunged under this subdivision, including 206.11 any notice sent pursuant to paragraph (e), (f), or (g), are private data on individuals as defined 206.12 in section 13.02, subdivision 12. 206.13 Subd. 3. Order of expungement. (a) Upon receiving notice that an offense qualifies 206.14 for expungement, or upon entering an order dismissing charges prior to a determination of 206.15 probable cause, the court shall issue an order vacating the conviction, if any, discharging 206.16 the person from any form of supervision, dismissing the proceedings against that person, 206.17 and sealing all records relating to an arrest, indictment or information, trial, verdict, or 206.18 dismissal and discharge for an offense described in subdivision 1. 206.19 (b) Section 609A.03, subdivision 6, applies to an order issued under this section sealing 206.20 the record of proceedings under section 152.18. 206.21 (c) The limitations under section 609A.03, subdivision 7a, paragraph (b), do not apply 206.22 to an order issued under this section. 206.23 (d) The court administrator shall send a copy of an expungement order issued under this 206.24 section to each agency and jurisdiction whose records are affected by the terms of the order 206.25 and send a letter to the last known address of the person whose offense has been expunged 206.26 identifying each agency to which the order was sent. The courts shall not order the 206.27 Department of Health or Human Services to seal records under this section. 206.28 (e) In consultation with the commissioner of human services, the court shall establish a 206.29 schedule on which the court shall provide the commissioner of human services and the 206.30 Professional Educator Licensing and Standards Board a list identifying the name and case 206.31 number or if no case number is available, the citation number of each person who received 206.32 an expungement order issued under this section. Article 5 Sec. 4. 206