1.1.................... moves to amend H.F. No. 891, as amended by the subcommittee,
1.2as follows:
1.3Delete everything after the enacting clause and insert:

1.4    "Section 1. Minnesota Statutes 2008, section 609A.02, subdivision 3, is amended to
1.6    Subd. 3. Certain criminal proceedings not resulting in conviction. (a) 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 a criminal offense if the records are not subject to section
1.9299C.11, subdivision 1 , paragraph (b), and if all pending actions or proceedings were
1.10resolved in favor of the the case was ultimately dismissed without the petitioner being
1.11convicted of the offense. For purposes of this chapter, a verdict of not guilty by reason of
1.12mental illness is not a resolution in favor of the petitioner.
1.13(b) A person is not considered to have been convicted or adjudicated under this
1.14subdivision if the person has successfully completed the terms of a diversion program,
1.15stay of adjudication, continuance for dismissal, or similar proceeding.
1.16(c) A person found not guilty of a criminal offense by reason of mental illness is not
1.17eligible to file for an expungement under this subdivision.

1.20The prosecutor of a case described in section 609A.02, subdivision 3, may ask the
1.21court to seal, upon dismissal, all records relating to the offense or alleged offense. If there
1.22is an identifiable victim in the case, the victim must be given the opportunity to object
1.23to the expungement. The court shall grant the request unless the interests of the public
1.24and public safety in keeping the record public outweigh the disadvantages to the movant
1.25of not sealing the record. Absence or denial of expungement under this section does not
1.26prejudice the person if the person later petitions for an expungement under this chapter.

2.1    Sec. 3. Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:
2.2    Subd. 5. Nature of remedy; standard; firearms restriction. (a) Except as
2.3otherwise provided by paragraph (b), expungement of a criminal record is an extraordinary
2.4remedy to be granted only upon clear and convincing evidence that it would yield a benefit
2.5to the petitioner commensurate with the disadvantages to the public and public safety of:
2.6(1) sealing the record; and
2.7(2) burdening the court and public authorities to issue, enforce, and monitor an
2.8expungement order.
2.9(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning
2.10for the sealing of a criminal record under section 609A.02, subdivision 3, the court shall
2.11grant the petition to seal the record unless the agency or jurisdiction whose records would
2.12be affected establishes by clear and convincing evidence that the interests of the public
2.13and public safety outweigh the disadvantages to the petitioner of not sealing the record.
2.14If the petitioner has received a stay of adjudication, it shall be presumed that the interests
2.15of the public and public safety outweigh the disadvantages to the petitioner of not sealing
2.16the record, until the petitioner has successfully completed the conditions of the stay of
2.17adjudication and has not been charged with any new crime for a period of at least one year
2.18after completion of the period of the stay.
2.19(c) If the court issues an expungement order it may require that the criminal record
2.20be sealed, the existence of the record not be revealed, and the record not be opened except
2.21as required under subdivision 7. Records must not be destroyed or returned to the subject
2.22of the record."