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Understanding Expungement

Senator Your Name Here


Facts about
Expungements
One in fve Minnesotans
have an arrest or
conviction record
More than 92%
of employers use
background checks
As many as two-thirds
of employers refuse
to hire applicants with
criminal or arrest records,
regardless of the time
since conviction or
relevancy to the job
Criminal history
providers will include
arrests, expungements
and pardons on a
candidates report
In Minnesota, blacks are
three times more likely
to be unemployed than
whites, which is the
worst disparity in the
nation
Minnesota has the
highest recidivism rate in
the nation at 62%
Recidivism has a high
cost to the state: It costs
an average of $41,364
to house one inmate
per year
What is expungement and why does it matter?
It is estimated that one in fve Minnesotans have an arrest or criminal
record, and those records are easier than ever to access. Use of criminal
record checks by employers and landlords has skyrocketed as they
evaluate candidates for employment and housing.
The records they fnd are often inaccurate, incomplete or easily
misinterpreted. All too often, online records fail to show that an
individual was convicted of a lesser crime than they were originally
charged with; that a person was arrested but not charged or that
charges were dropped; or that they were charged but not convicted.
An overwhelming majority of employers refuse to hire anyone with
an arrest or criminal record, regardless of how long ago it was or the
crimes relevance to the position for which they are being considered.
As a result, far too many Minnesotans who have taken honest steps
to improve their lives, or were simply in the wrong place at the
wrong time are being denied employment, housing and educational
opportunities every day.
Securing housing and employment are two critical steps for
reintegrating ofenders into society and reducing recidivism. The
fact that criminal records are confusing or inaccurate leads to lost
opportunities for many Minnesotans, and even when records are
accurate and understandable, they do nothing to explain whether a
person has reformed their life.
Unless the barriers associated with criminal background checks are
eradicated, Minnesotans will continued to be denied important life
opportunities and ofenders will face the increased likelihood of
recidivating and ending up back in prison.
Senator Bobby Joe Champion passed legislation this session to
address this problem. The legislation aims to maintain public safety
while allowing those who have served their time to have their records
sealed so they can more easily secure employment and housing.
2014 Expungement Bill Details on Back
My legislation is designed to remove the barriers associated with criminal
background checks. Without this law change, many Minnesotans who have taken
honest steps to improve their lives, or were simply in the wrong place at the wrong
time, are being denied employment, housing and educational opportunities.
-- Senator Your Name Here
Senator Your Name Here
2014 Expungement Bill
Sxxx State Capitol | St Paul MN 55155 | 651-29x-xxxx | sen.your name@senate.mn
Bipartisan legislation to clarify and create a balanced
mechanism for those who were either charged or
convicted of crimes to have their records expunged
passed this session.
The legislation aims to maintain public safety
while allowing those who have served their
time to have their records sealed so they can
more easily secure employment and housing.
Advocates argue that sealing or limiting access to
criminal records is an important step in giving people
a second chance and helping reformed ofenders to
become productive members of society.
The legislation is supported by the more than
50 member organizations included in the MN
Second Chance Coalition. It is also supported
by the MN County Attorneys Association, the
MN Coalition of Battered Women and the MN
Coalition Against Sexual Assault.
Continues long-standing juvenile record expungement
law by clarifying that records related to juvenile
delinquency, not just an order of adjudication, can be
expunged.
It also provides a standard and factors for
consideration in juvenile records expungement
and allows easier access by criminal justice
agencies to juvenile records expunged after
enactment.
As more employers and landlords use internet criminal
record services to evaluate candidates for employment
and housing, the information was inaccurate or
incomplete, making it difcult for some people to secure
housing or a get a job.
This legislation requires private business
screening services to delete expunged records.
Provides for sealing of some records in housing
court when fnding for the defendant. The following
executive branch (as well as judicial branch) records may
be sealed if the petitioner shows by clear and convincing
evidence that their need for an expungement outweighs
any public safety concerns:
1) diversion and stay of adjudication records
one year after completion of sentence if
crime free;
2) petty misdemeanor and misdemeanor records
two years after completion of sentence if
crime free;
3) gross misdemeanors four years after
completion of sentence if crime free (domestic
abuse related ofenses not eligible until July
2015); and
4) most nonviolent felonies that are level 1 or 2
on the sentencing guidelines fve years after
completion of sentence if crime free.
Allows for sealing of records eligible under the statute
without a petition or court hearing with prosecutor
agreement and victim notifcation. Adds factors the
court must consider in granting an expungement.
Adds full restoration to prior status for victims
of crime when their record, if directly related to
victimization, is expunged. Provides protection from
liability based upon an expunged record for employers
and landlords.
Provides for easier exchange of expunged records
between criminal justice agencies for use in
investigations, prosecution, and sentencing for all
records expunged after enactment. Requires agencies
ordered to seal records to notify the petitioner of the
sealing.

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