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MN HF1083

Bill

Status

Introduced

1/30/2023

Primary Sponsor

Cedrick Frazier

Click for details

Origin

House of Representatives

93rd Legislature 2023-2024

AI Summary

  • Modifies background study procedures for the Department of Human Services and county agencies to recognize expungement orders issued under new sections 609A.017 or 609A.025, preventing consideration of expunged records unless the court order is directed specifically to the agency.

  • Authorizes automatic expungement without petition when a prosecutor determines a defendant was prosecuted as a result of mistaken identity and dismisses or moves to dismiss the action before conviction.

  • Defines "mistaken identity" to include cases where a person's identity was transferred, used, or possessed in violation of law, or where misidentification occurred due to witness or law enforcement error.

  • Restores individuals exonerated through mistaken identity expungement to their pre-arrest legal status, allowing them to deny the arrest occurred and protecting them from perjury liability if they fail to acknowledge it.

  • Updates terminology and procedures for handling fingerprints and identification data, establishing automatic destruction of records when mistaken identity is determined before presenting information to the prosecuting authority for charging decisions.

Legislative Description

Background studies conducted by the Department of Human Services and county agencies for family child care services for expungements modified, and criminal record expungement authorized without petition for individuals not guilty of a crime as a result of identity theft or mistaken identity.

Last Action

Committee report, to adopt as amended and re-refer to Human Services Finance

3/20/2023

Committee Referrals

Human Services Finance3/20/2023
Judiciary Finance and Civil Law2/16/2023
Public Safety Finance and Policy1/30/2023

Full Bill Text

No bill text available