Second Chance law could erase criminal pasts: List of qualifying offenses expanded for expungement

BEMIDJI -- A new law could create better opportunities for people stymied by criminal histories. Governor Mark Dayton signed what is being called the "Second Chance" bill into law on May 14. The law will be effective Jan. 1, 2015.

"People can't turn their lives around and become law-abiding citizens, if they have no hope of finding a decent job or a place to live," Dayton said in a release. "This law provides a chance for them to put their pasts behind them and live better lives. I commend Senator (Bobby) Champion and Representative (Carly) Melin for their leadership."

The law (Chapter 246, HF2576) was authored with the intent to create a more thorough expungement process to permanently seal criminal records of reformed offenders. However valiant the intention, the impact on the local county attorney's office will ultimately increase the already heavy workflow.

"We currently process more than 3,000 files a year," said Beltrami County Attorney Tim Faver. "I don't know if this will be a tipping point."

Champion stated nearly one in five Minnesotans have a conviction or arrest on their record. Thousands of people will be eligible for expungement under the Second Chance Law.

Since 2007, the county attorney's office has only seen 53 expungement petitions. Faver said the offenses range from insufficient checks, shoplifting, assault and theft charges.

"Many of the new qualifying offenses have never been charged in our office," Faver said.

"We recognize petitions will increase, but we won't know how much until the law goes into effect and petitions start coming in," said Chief Assistant Beltrami County Attorney Annie Claesson-Huseby.

Previously, state law enabled judges to expunge criminal records of certain offenses, but a Minnesota Supreme Court decision ruled that the law, as it was, meant judges were restricted from removing records collected by state agencies such as the Bureau of Criminal Apprehension or Department of Human Services so certain offenses that now qualify for expungement were popping up on background checks.

"The law used to be really quite condensed," Claesson-Huseby said. "Now it's become much more broad."

A common presumption is the presence of the records was affecting people's ability to fairly obtain employment and secure affordable housing opportunities.

"This legislation gives Minnesotans who made mistakes in the past a second chance so they can move on and become productive members of our communities," Rep. Carly Melin, House author of the bill, said in a release. "It is an important step toward removing barriers to employment, housing or a post-secondary degree -- the kinds of things that allow Minnesotans to support themselves and their loved ones."

Attorney David Hanson, candidate for the county attorney position Faver is vacating, said having a felony expunged from a person's record may help get a job, but in a smaller community like Bemidji it may not have as great an impact.

"Expungement might not make a difference because you can't expunge an employer's memory if they had prior knowledge of the conviction," Hanson said.

People with qualifying petty misdemeanor, misdemeanor, gross misdemeanor and certain felony records can apply for expungement, but it is not guaranteed. Agencies such as the Volunteer Lawyers Network can help people determine if they have a qualifying offense. The full statute can be found online also at http://bit.ly/1tYLbvD. Qualifiers are outlined in Section 6 of the statute.

"Section 6 of the bill lists the offenses available for expungement," Hanson explained. "The list includes all misdemeanors, gross misdemeanors and many non-violent felonies. The bill specifically excludes domestic violence and sexual assault from expungement eligibility."

Faver, Claesson-Huseby and Hanson agree courts in the state will likely see an up-tick in expungement petition filings earlier in the year but it will likely taper off. Claesson-Huseby, also running for the county attorney position, explained it is important people understand there is a process to obtaining an expungement.

"People should not assume because they have a qualifying offense that it will go away," Claesson-Huseby said.

One point Faver and Claesson-Huseby noted was offenses such as DWI's that carry penalties contingent on prior convictions could be problematic once a past record is expunged.

The Second Chance law also improves existing expungement processes for juvenile records by clarifying the records must relate to juvenile delinquency. The legislation also makes exchanging expunged records between criminal justice agencies easier. More fluid exchange aids in investigations, prosecution and sentencing in relation to expunged records.

The bill was supported by the County Attorney Association, of which Beltrami County is a member, the Minnesota Second Chance Coalition, the Minnesota Coalition of Battered Women and the Minnesota Coalition Against Sexual Assault.