Here's a story from the print edition about legislation proposed by Chanhassen Republican Sen. Julianne Ortman. The proposal would allow more people convicted of crimes to legally conceal their criminal records from the public. This would help people with certain crimes on their record to have a better opportunity to get a job and be productive members of society, according to Ortman. Think this is a good idea?

Ortman bill

would seal

criminal data

By Teri Kelsh

Staff Writer

The Senate Judiciary Committee approved a bill Monday, Feb. 26, sponsored by Sen. Julianne Ortman, a Chanhassen Republican, that would allow more people convicted of crimes to legally conceal their criminal records from the public.

“There’s a huge growing group in Minnesota given no choice but to return to drugs and crime because they can’t get a job or rent an apartment,” as a result of a criminal record, said Ortman. “This is about allowing people the opportunity to be productive members of society.”

The proposal would legally allow sealing most conviction, arrest and other criminal justice documents held by the courts and state and local government agencies. Exceptions would be made for convicted registered sex offenders, murder committed in connection with a sexual assault, kidnappings and a few other offenses as stated in Senate bill SF0279.The arrest and conviction information, while sealed to the broader public, would remain accessible to law enforcement and courts.

If passed, the bill would repeal a state law allowing judges to expunge records only after hearing “clear and convincing evidence.” The proposal would lower the burden of proof needed to seal records and guide judges on what to consider in determining an expungement, such as weighing the steps a person has made toward rehabilitation, said Ortman.

“As it is now there are no standards whatsoever under what provisions the judge decides expungement. This would set up guidelines and allow judges to determine it on a case-by-case basis,” she said.

Ortman said she is confident the expungement bill will pass despite its detractors – the Minnesota County Attorneys Association (MCAA) being one of them.

“We don’t think you should get out of jail one day for murder and be able to apply for expungement the next,” said John Kingrey, MCAA executive director. “Especially for crimes of violence and other felonies, there should at least be a certain amount of time before records can be expunged.”

Another specific concern is having driving while impaired (DWI) records expunged, said Kingrey.

“I think it’s a well-intentioned bill to help individuals mainstream back into society, but we question the public policy behind this. We don’t want to create barriers for individuals, but we have to balance it against public safety,” said Kingrey.

The bill was supposed to head to the Senate floor after Judiciary Committee approval, but instead is headed to other committees for possible amendments, said Ortman.To read the Senate bill, the House companion bill HF1380, and to follow the progress through the Legislature, go to www.leg.state.mn.us.