Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 212.1 (5) if the person is eligible for an expungement, whether there is good cause to restore 212.2 the offender's right to possess firearms and ammunition; 212.3 (6) if the person is eligible for an expungement, whether the limitations under section 212.4 609A.03, subdivision 7a, paragraph (b), clause (5), apply; and 212.5 (7) if the person is eligible for resentencing to a lesser offense, the lesser sentence to be 212.6 imposed. 212.7 (b) The Cannabis Expungement Board shall make a reasonable and Lyood faith effort to 212.8 notify any person whose conviction or stay of adjudication qualifies for an order of 212.9 expungement that the offense qualifies and notice is being sent to the judicial branch. Notice 212.10 sent pursuant to this paragraph shall inform the person that, following the order of 212.11 expungement, any records of an arrest, conviction, or incarceration should not appear on 212.12 any background check or study. 212.13 Subd. 9. Data classification. All data collected, created, received, maintained, or 212.14 disseminated by the Cannabis Expungement Board in which each victim of a crime and 212.15 person whose conviction or stay of adjudication that the Cannabis Expungement Board 212.16 reviews is or can be identified as the subi ect of the data is classified as brivate data on 212.17 individuals, as defined by section 13.02, subdivision 12. 212.18 Subd. 10. Order of expungement. (a) Upon receiving notice that an offense qualifies 212.19 for expungement, the court shall issue an order sealing all records relating to an arrest, 212.20 indictment or information, trial, verdict, or dismissal and discharge for an offense described 212.21 in subdivision 1. The courts shall not order the Department of Health or Human Services 212.22 to seal records under this section. If the Cannabis Expungement Board determined that the 212.23 person's conviction should be vacated and charges should be dismissed, the order shall 212.24 vacate and dismiss the charges. 212.25 (b) If the Cannabis Expungement Board determined that there is good cause to restore 212.26 the person's right to possess firearms and ammunition, the court shall issue an order pursuant 212.27 to section 609.165, subdivision Id. 212.28 (c) If the Cannabis Expungement Board determined that an expunged record of a 212.29 conviction or stay of adjudication may not be opened for purposes of a background check 212.3o required under section 122A.18, subdivision 8, the court shall direct the order specifically 212.31 to the Professional Educator Licensing and Standards Board. 212.32 (d) The court administrator shall send a copy of an expungement order issued under this 212.33 section to each agencv and iurisdiction whose records are affected by the terms of the order Article 5 Sec. 5. 212