Minnesota Statutes Crimes; Expungement; Victims (Ch. 609-624) § 609A.017. Mistaken identity; automatic expungement

Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.

(b) “Conviction” means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.

(c) “Mistaken identity” means a person was incorrectly identified as being a different person:

Subd. 3. Order of expungement. (a) The court shall issue an order of expungement without the filing of a petition when an action or proceeding is dismissed based on a determination that a defendant was issued a citation, charged, indicted, or otherwise prosecuted as the result of mistaken identity. The order shall cite this section as the basis for the order.

(b) An order issued under this section is not subject to the considerations or standards identified insection 609A.025or609A.03, subdivision 5, paragraph (a), (b), or (c).

Subd. 4. Effect of order. (a) An order issued under this section is not subject to the limitations insection 609A.03, subdivision 7aor 9. The effect of the court order to seal the record of the proceedings shall be to restore the person, in the contemplation of the law, to the status the person occupied before the arrest, indictment, or information. The person shall not be guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge the arrest, indictment, information, or trial in response to any inquiry made for any purpose.

(b) A criminal justice agency may seek access to a record that was sealed under this section for purposes of determining whether the subject of the order was identified in any other action or proceeding as the result of mistaken identity or for a criminal investigation, prosecution, or sentencing involving any other person. The requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information.

(c) The court administrator must distribute and confirm receipt of an order issued under this section pursuant tosection 609A.03, subdivision 8.

(d) Data on the person whose offense has been expunged contained in a letter or other notification sent under this subdivision are private data on individuals as defined insection 13.02.