§ 609A.025 — No Petition Required in Certain Cases With Prosecutor Agreement and Notification
Plain-Language Summary
This section allows a person to have their criminal record sealed without filing a formal expungement petition if the prosecutor agrees. The court must seal the record unless it finds the public interest in keeping it open outweighs the harm to the person. The prosecutor must make a good-faith effort to notify any victims before agreeing.
609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH PROSECUTOR AGREEMENT AND NOTIFICATION.
(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the criminal record for a person described in section 609A.02, subdivision 3, without the filing of a petition unless it determines that the interests of the public and public safety in keeping the record public outweigh the disadvantages to the subject of the record in not sealing it.
(b) Before agreeing to the sealing of a record under this section, the prosecutor shall make a good faith effort to notify any identifiable victims of the offense of the intended agreement and the opportunity to object to the agreement.
(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may occur before or after the criminal charges are dismissed.
History:
History: History:
2014 c 246 s 7