1.1.................... moves to amend H.F. No. 891, the first committee engrossment, as
1.2follows:
1.3Delete everything after the enacting clause and insert:

1.4    "Section 1. Minnesota Statutes 2008, section 609A.02, subdivision 3, is amended to
1.5read:
1.6    Subd. 3. Certain criminal proceedings not resulting in conviction. A petition
1.7may be filed under section 609A.03 to seal all records relating to an arrest, indictment or
1.8information, trial, or verdict if the records are not subject to section 299C.11, subdivision
1.91 , paragraph (b), and if:
1.10(1) all pending actions or proceedings were resolved in favor of the petitioner.
1.11For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
1.12a resolution in favor of the petitioner; or
1.13(2) the petitioner has successfully completed the terms of a diversion program or
1.14stay of adjudication that was agreed to by the prosecutor and has not been charged with
1.15a new crime for at least one year since completion of the diversion program or stay of
1.16adjudication.

1.17    Sec. 2. [609A.025] EXPUNGEMENT WHEN CHARGES ARE DISMISSED; NO
1.18PETITION REQUIRED WITH PROSECUTOR AGREEMENT AND VICTIM
1.19NOTIFICATION.
1.20(a) Upon agreement of the prosecutor, the court shall seal the criminal record for
1.21a person described in section 609A.02, subdivision 3, clause (2), without the filing of a
1.22petition unless it determines that the interests of the public and public safety in keeping
1.23the record public outweigh the disadvantages to the subject of the record in not sealing it.
1.24(b) Before agreeing to the sealing of a record under this section, the prosecutor shall
1.25make a good-faith effort to inform any identifiable victims of the offense of the intended
1.26prosecutorial agreement and the opportunity to object to the agreement.
2.1(c) Subject to paragraph (b), the prosecutor may agree to the sealing of records under
2.2this section before or after the criminal charges are dismissed.

2.3    Sec. 3. Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:
2.4    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under
2.5oath by the petitioner and shall state the following:
2.6(1) the petitioner's full name and all other legal names or aliases by which the
2.7petitioner has been known at any time;
2.8(2) the petitioner's date of birth;
2.9(3) all of the petitioner's addresses from the date of the offense or alleged offense in
2.10connection with which an expungement order is sought, to the date of the petition;
2.11(4) why expungement is sought, if it is for employment or licensure purposes, the
2.12statutory or other legal authority under which it is sought, and why it should be granted;
2.13(5) the details of the offense or arrest for which expungement is sought, including
2.14the date and jurisdiction of the occurrence, either the names of any victims or that there
2.15were no identifiable victims, whether there is a current order for protection, restraining
2.16order, or other no contact order prohibiting the petitioner from contacting the victims or
2.17whether there has ever been a prior order for protection or restraining order prohibiting the
2.18petitioner from contacting the victims, the court file number, and the date of conviction
2.19or of dismissal;
2.20(6) in the case of a conviction, what steps the petitioner has taken since the time of
2.21the offense toward personal rehabilitation, including treatment, work, or other personal
2.22history that demonstrates rehabilitation;
2.23(7) petitioner's criminal conviction record indicating all convictions for
2.24misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
2.25convictions in any other state, federal court, or foreign country, whether the convictions
2.26occurred before or after the arrest or conviction for which expungement is sought;
2.27(8) petitioner's criminal charges record indicating all prior and pending criminal
2.28charges against the petitioner in this state or another jurisdiction, including all criminal
2.29charges that have been continued for dismissal or stayed for adjudication, or have been the
2.30subject of pretrial diversion; and
2.31(9) all prior requests by the petitioner, whether for the present offense or for any
2.32other offenses, in this state or any other state or federal court, for pardon, return of arrest
2.33records, or expungement or sealing of a criminal record, whether granted or not, and all
2.34stays of adjudication or imposition of sentence involving the petitioner.
3.1(b) If there is a current order for protection, restraining order, or other no contact
3.2order prohibiting the petitioner from contacting the victims or there has ever been a prior
3.3order for protection or restraining order prohibiting the petitioner from contacting the
3.4victims, the petitioner shall attach a copy of the order to the petition.
3.5(c) Where practicable, the petitioner shall attach to the petition a copy of the
3.6complaint or the police report for the offense or offenses for which expungement is
3.7sought."
3.8Delete the title and insert:
3.10relating to public safety; authorizing the expungement of criminal records
3.11for certain individuals who have received stays of adjudication or diversion;
3.12authorizing expungements without petitions in certain cases where charges
3.13were dismissed against a person upon prosecutorial approval and with victim
3.14notification; requiring persons petitioning for an expungement to provide a copy
3.15of the criminal complaint or police report;amending Minnesota Statutes 2008,
3.16sections 609A.02, subdivision 3; 609A.03, subdivision 2; proposing coding for
3.17new law in Minnesota Statutes, chapter 609A."