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 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 life, 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 Bobby Joe Champion Senator Bobby Joe Champion 2014 Expungement Bill 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 over 50 member organizations of 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. Often this information was inaccurate or incomplete and this made 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.