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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 <br />210.1 (b) If the Cannabis Expungement Board determines that an expungement is in the public <br />210.2 interest, the board shall determine whether a person's conviction should be vacated and <br />210.3 charges should be dismissed. <br />210.4 (c) If the Cannabis Expungement Board determines that an expungement is in the public <br />210.5 interest, the board shall determine whether the limitations under section 609A.03, subdivision <br />210.6 5 a, apply. <br />210.E (d) If the Cannabis Expungement Board determines that an expungement is in the public <br />210.8 interest, the board shall determine whether the limitations under section 609A.03, subdivision <br />21o.9 7a, paragraph (b), clause (5), apply. <br />210.10 (e) If the Cannabis Expungement Board determines that an expungement is not in the <br />210.11 public interest, the board shall determine whether the person is eligible for resentencing to <br />210.12 a lesser offense. <br />210.13 (f) In making a determination under this subdivision, the Cannabis Expungement Board <br />210.14 shall consider: <br />210.15 (1) the nature and severity of the underlying crime, including but not limited to the total <br />210.16 amount of marijuana or tetrahydrocannabinols possessed by the person and whether the <br />210.17 offense involved a dangerous weapon, the intentional infliction of bodily harm on another, <br />210.18 an attempt to inflict bodily harm on another, or an act committed with the intent to cause <br />210.19 fear in another of immediate bodily harm or death; <br />210.20 (2) whether an expungement or resentencing the person a lesser offense would increase <br />210.21 the risk, if any, the person poses to other individuals or society; <br />210.22 (3) if the person is under sentence, whether an expungement or resentencing to a lesser <br />210.23 offense would result in the release of the Berson and whether release earlier than the date <br />210.24 that the person would be released under the sentence currently being served would present <br />210.25 a danger to the public or would be compatible with the welfare of society; <br />210.26 (4) aggravating or mitigating factors relating to the underlying crime, including the <br />210.27 person's level of participation and the context and circumstances of the underlying crime; <br />210.28 (5) statements from victims and law enforcement, if any; <br />210.29 (6) if an expungement or resentencing the person to a lesser offense is considered, <br />210.30 whether there is good cause to restore the berson's right to bossess firearms and ammunition: <br />Article 5 Sec. 5. 210 <br />