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HF 4495

Legislative auditor or state auditor allowed to access expunged criminal records for hiring purposes.

2025-2026 Regular Session Introduced by Duane Quam

Allows state auditors to access expunged criminal records to evaluate hiring practices and compliance, with privacy safeguards and audit-specific use.

Introduction and first reading, referred to State Government Finance and Policy
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Bill Summary · HF 4495

Summary: HF 4495 (2025-2026) – Access to Expunged Criminal Records for Hiring by Auditors

Purpose and intent

HF 4495 would authorize the Minnesota Legislative Auditor or the State Auditor to access expunged (sealed) criminal records for the purpose of evaluating hiring processes and making employment decisions. The bill aims to allow auditors, when conducting audits or related inquiries, to review expunged records to assess compliance with law and policy, and potentially to inform recommendations regarding hiring practices and background-check standards.

Key provisions and changes

  • Access authorization: The Legislative Auditor and the State Auditor would be permitted to obtain and review expunged criminal records as part of audits or examinations related to hiring practices, background checks, or similar personnel processes.
  • Scope of use: Access would be limited to activities connected with official auditing functions. The bill would govern how expunged records may be used in audit reports, findings, or recommendations, ensuring information is handled within the scope of the audit.
  • Privacy and compliance safeguards: The proposal implies that appropriate safeguards would apply to the handling of expunged records to protect privacy and comply with existing expungement laws and confidentiality requirements, while enabling legislators’ auditors to perform their statutory duties.
  • Coordination with expungement law: The bill interacts with Minnesota’s expungement framework, clarifying that expunged records can be accessed by auditors in the context of performance, compliance, or efficiency audits relating to hiring processes.

Who or what would be affected

  • Auditors: Legislative Auditor and State Auditor would gain access to expunged criminal records for auditing purposes.
  • Public and private entities reviewed in audits: State agencies, local governments, and any entities subject to audits that involve hiring practices or background checks may be examined with access to expunged records when relevant to audit conclusions.
  • Privacy and legal compliance considerations: Standards for handling expunged information during audits would apply, potentially affecting how audit teams collect, store, and report data.

Procedural and timeline aspects

  • Introduction and first reading: The bill was introduced and referred on March 18, 2026, to the State Government Finance and Policy committee.
  • Sponsor: Co-sponsor: Duane Quam.
  • Next steps: As a bill moving through the Minnesota Legislature, it would proceed to committee analysis, potential amendments, floor debate, and votes in the House and Senate, with any differences reconciled in a conference committee if needed. The timeline would depend on committee scheduling and legislative priorities.

Practical impact and considerations

  • Proponents might argue the change improves oversight of hiring practices and helps auditors assess compliance with civil service, anti-discrimination, or state policy requirements.
  • Opponents could raise concerns about privacy, the protection of expunged records, and the risk of overbroad access or misuse despite safeguards.
  • Clarification on specific procedures (e.g., who bears responsibility for secure handling, how records are requested, duration of access, and data destruction) would be important in final policy language.

If you’d like, I can tailor this summary to emphasize particular stakeholders (e.g., employers, civil rights advocates, or government agencies) or compare with existing Minnesota laws on expungement and auditing access.

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

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