WeVote
Log In

Bill

Bill

HF 3827

Grants from Bureau of Criminal Apprehension to local law enforcement clarified as reimbursements, law related to recording of crimes updated, process for determining how certain criminal records are ineligible for sealing established, and court required to provide order for protection for access by law enforcement.

2025-2026 Regular Session Introduced by Doron Clark and 1 co-sponsor

The bill standardizes expungement processes, automatically seals eligible BCA records, and ensures courts and agencies coordinate to protect privacy while enabling timely access wh

Effective date 01/01/2027
#courts #lawenforcement #publicsafetydepartment
0
WeVote Research Nonpartisan
Bill Summary · HF 3827

Summary of HF 3827 (2025-2026) – Minnesota

This bill addresses several public safety and criminal justice procedures, including how Bureau of Criminal Apprehension (BCA) grants to local law enforcement are categorized, updates to crime recording and expungement processes, and access to protective orders by law enforcement.

1) Purpose and Intent

  • Clarify the nature of certain BCA grants to local law enforcement as reimbursements rather than direct appropriations.
  • Update statutes related to recording of crimes, expungement of records, and enforcement data sharing for protective orders.
  • Establish a formal process for determining which criminal records are eligible for expungement and automatic expungement relief.
  • Ensure courts provide orders for protection to support law enforcement access and enforcement.
  • Repeal an outdated statute (299C.12) related to records kept by peace officers.

2) Key Provisions and Changes

A. Crime Data and Recording (Sec. 1)

  • Amends Minnesota Statutes 2024, section 299C.05 to clarify the Bureau of Criminal Apprehension’s duty to collect and preserve crime data.
  • Data collection should align with nationally recognized standards (preferably FBI systems) and include information useful for studying crime and administering justice.
  • Data collection may incorporate information requested by the U.S. Department of Justice.

B. Grants and Reimbursements; Witness/Victim Protection (Sec. 2)

  • Amends 299C.065 to specify that certain BCA-related grants to local officials are considered reimbursements for:
    • Cross-jurisdictional investigations of controlled substances.
    • Possession or sale of stolen goods.
    • Juvenile involvement in prostitution-related activities.
    • Unanticipated, intensive, long-term multi-jurisdictional investigations (with limits if a missing-endangered child is involved, requiring compliance with 299C.53 and agency policy).
    • Investigations into violent criminal gangs and gang members.
  • Subd. 1a creates a Witness and Victim Protection Fund under the Commissioner of Public Safety to reimburse local officials for protective measures for witnesses or victims involved in a criminal prosecution who are targeted for violence or related offenses.
    • Eligible protections include identity changes, housing, moving personal property, basic living expenses, employment assistance, and other self-sufficiency services.
  • Subd. 2–3: Application process and required reporting:
    • Counties or municipal agencies may apply for reimbursements using forms/procedures developed by the superintendent.
    • Investigative and financial reporting requirements at the conclusion of investigations supported by reimbursements.
    • The commissioner must provide biannual (every even-numbered year) reports to legislative chairs on grant-funded investigations and related witness protection services.
  • Subd. 4: Data classification
    • Applications for reimbursements are confidential; investigative data in files remains confidential, while public reports can disclose non-identifying information.

C. Orders for Protection and Data Sharing (Sec. 3–4)

  • Amends 299C.46, subdivision 6:
    • Broadens definitions of no-contact orders to include pretrial orders and certain probationary or sentencing orders.
    • Requires the data communications network to include orders for protection and no-contact/harassment restraining orders for adults and juveniles.
    • Enforces that a no-contact order be accompanied by a photo of the offender when available and verified.
    • Data from these orders related to enforcement are private data on individuals, but data about the offender can be shared with victims for enforcement.
  • Amends 609.2334, subdivision 11 (effective January 1, 2027):
    • Courts must forward orders for protection or continuances to the local law enforcement agency and the lead investigative agency within 24 hours of issuance.
    • Courts must provide verification-access to law enforcement regarding the existence and status of protected orders.
    • Applies to orders issued under 518B.01 or 609.2334.

D. Expungement Process and Notification (Sec. 5)

  • Amends 609A.015, subdivision 5:
    • BCA must identify records eligible for expungement relief and determine eligibility within 30 days after the end of the waiting period; if not eligible, annual re-determinations continue until eligible.
    • Identification methods include fingerprints/thumbprints if available; if not, name and date of birth are used to match records (presumed same individual unless proven otherwise).
    • BCA grants expungement relief and seals its own records automatically (without an application).
    • Records are sealed 60 days after notice to the judicial branch unless the judiciary determines not eligible or provides additional information.
    • Nonpublic expunged records will display a notation indicating expungement relief granted.
    • BCA informs the judicial branch of all expungement-relief cases; the judiciary must seal related records and issue necessary orders.
    • If later determined not to qualify, the records are unsealed.
    • BCA must notify all law enforcement agencies that their records may be affected by expungement relief and ensure consistency in data handling; certain data remain private.
    • Prosecutors must notify victims that an offense qualifies for automatic expungement, per existing procedures.
    • Expunged records may still be used in later prosecutions as if relief had not been granted.
    • BCA must develop or update a system to provide uniform statewide access to records sealed by expungement.
  • Repeals 299C.12 (record-keeping by peace officers) as part of the modernization.

3) Who/What Is Affected

  • Local law enforcement agencies (sheriffs and municipal police) that may receive BCA grant reimbursements.
  • The BCA and its data systems, including expungement and record-sealing processes.
  • Courts, particularly for orders for protection and enforcement data sharing.
  • Victims, witnesses, and potentially affected individuals who may receive protection services or have records expunged.
  • Public safety agencies involved in protective orders and investigations into organized crime, drugs, trafficking, and gang activity.
  • Legislative and judicial branches, which receive required reporting and grant-related data.

4) Procedural and Timeline Aspects

  • Effective dates:
    • Expanded sharing requirements for orders for protection become effective January 1, 2027.
    • Other provisions (expungement framework, grants, data collection, and ordering provisions) are generally effective upon enactment or as specified in the bill text.
  • Reporting:
    • The BCA must report to legislative chairs by January 1 of each even-numbered year on grant reimbursements and witness protection services.
    • The judiciary must seal expunged records and be notified of expungement relief in a timely manner; automated and real-time data sharing is contemplated where feasible.
  • Expungement process:
    • Initial eligibility determinations within 30 days after waiting periods; ongoing annual determinations until eligibility is met.
    • Automatic sealing of eligible BCA and related records 60 days after notice to the judicial branch, unless further orders dictate otherwise.

Note: The bill repeals an older record-keeping statute (299C.12) and adds complexity to expungement and data-sharing rules to better align with current national standards and protective-order enforcement.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.