by Sen. Bobby Joe Champion, District 59, Minnesota Senate
As I look back over the 2014 Minnesota legislative session, there was a lot to be proud of. However, one of my most rewarding moments was watching my Expungement Bill (HF2576) pass both bodies and become law. The bill passed 58-4 with strong bipartisan support – proving that when you have a good idea and can work in a bipartisan manner, our state legislature can get things done.
Nearly one in five Minnesotans has an arrest or criminal record. Because of the internet, the use of criminal record checks by employers and landlords has skyrocketed. Often a person could have been arrested but not charged, or their charges were dropped, or charged but not convicted, but arrest records would still show up on the internet and in reports. Unfortunately, the online records are often inaccurate, incomplete or misinterpreted.
It is very difficult for a former offender to integrate into our communities when an overwhelming majority of employers refuse to hire anyone with an arrest or criminal record, regardless of how long ago it was or the crime’s relevance to the position for which an applicant is being considered. A key provision in my expungement bill will change that. It requires business screening services to delete expunged records if they know a criminal record has been sealed, expunged or is the subject of a pardon.
In addition, the expungement bill passed in 2014 will allow people convicted of misdemeanors, gross misdemeanors and some low-level felonies to get their records sealed. My expungement bill maintains public safety while providing redemptive justice for all Minnesotans. Sealing or limiting access to criminal records is an important component in successful reintegration into society.
Although current state law allows judges to expunge the criminal records of certain offenders, they are still showing up in many background checks because a state Supreme Court decision ruled that judges could expunge only court records, not those collected by state agencies such as the Bureau of Criminal Apprehension or Department of Human Services. My expungement bill also addresses this problem and allows judges to expunge executive branch records as a means to a real remedy.
I am proud the 2014 Expungement bill that passed in Minnesota will help remove many of the barriers associated with criminal background checks. Without this change, many Minnesotans who have taken honest steps to improve their lives are being denied employment, housing and educational opportunities.