Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of police shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data as may be requested or required by the superintendent of the bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this identification data to the bureau for individuals found to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding their arrest. When the bureau learns that an individual who is the subject of a background check has used, or is using, identifying information, including, but not limited to, name and date of birth, other than those listed on the criminal history, the bureau shall convert into an electronic format, if necessary, and enter into a bureau-managed searchable database the new identifying information when supported by fingerprints within three business days of learning the information if the information is not entered by a law enforcement agency.
(b) No petition under chapter 609A is required if the person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding the determination of all pending criminal actions or proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, destroy the arrested person's finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall seal finger and thumb prints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them if the arrested person has not been convicted of any felony or gross misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination.
Subd. 2. DNA samples; law enforcement duties. (a) Each sheriff and chief of police shall furnish the bureau, in such form as the superintendent shall prescribe, with the biological specimens required to be taken under section 299C.105.
(b) DNA samples and DNA records of the arrested person obtained through authority other than section 299C.105 shall not be returned, sealed, or destroyed as to a charge supported by probable cause.
Subd. 3. Definitions. For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.
(9950-11) 1927 c 224 s 7; 1929 c 46 s 2; 1935 c 197 s 5; 1957 c 790 s 3; 1986 c 444; 1992 c 569 s 16; 1994 c 636 art 4 s 20; 1995 c 259 art 1 s 49; 1996 c 408 art 9 s 5; 1997 c 7 art 1 s 122; 1Sp2001 c 8 art 6 s 2; 2005 c 136 art 8 s 10; art 12 s 5; 2013 c 82 s 25; 2013 c 86 art 4 s 5
Structure Minnesota Statutes
Chapters 299A - 299N — Public Safety
Chapter 299C — Bureau Of Criminal Apprehension
Section 299C.01 — Criminal Bureau.
Section 299C.03 — Superintendent; Rules.
Section 299C.05 — Crime Data Collection.
Section 299C.06 — Division Powers And Duties; Cooperation.
Section 299C.063 — Bomb Disposal Expense Reimbursement.
Section 299C.065 — Undercover Buy Fund; Witness And Victim Protection.
Section 299C.066 — Crime Information Reward Fund.
Section 299C.07 — Restoration Or Disposal Of Stolen Property.
Section 299C.08 — Oath Of Superintendent And Employees.
Section 299C.09 — System For Identifying Criminals; Record, Index.
Section 299C.091 — Criminal Gang Investigative Data System.
Section 299C.093 — Database Of Registered Predatory Offenders.
Section 299C.095 — System For Identifying Juvenile Offenders.
Section 299C.10 — Identification Data Required.
Section 299C.105 — Dna Data Required.
Section 299C.106 — Sexual Assault Examination Kit Handling.
Section 299C.11 — Identification Data Furnished To Bureau.
Section 299C.111 — Suspense File Reporting.
Section 299C.115 — Warrant Information Provided To State.
Section 299C.12 — Record Kept By Peace Officer; Report.
Section 299C.13 — Information Furnished To Peace Officer.
Section 299C.14 — Information On Released Prisoner.
Section 299C.145 — Distinctive Physical Mark Identification System.
Section 299C.15 — Cooperation; Criminal Identification Organizations.
Section 299C.155 — Standardized Evidence Collection; Dna Analysis.
Section 299C.157 — Forensic Laboratories; Accreditation.
Section 299C.16 — Information Broadcast To Peace Officers.
Section 299C.17 — Report By Court Administrator.
Section 299C.18 — Bureau Operations Report.
Section 299C.21 — Penalty On Local Officer Refusing Information.
Section 299C.22 — Security Guard; Discharge Of Firearm; Report.
Section 299C.23 — Continuing Education Fee; Appropriation.
Section 299C.25 — Scrap Metal Dealers; Educational Materials.
Section 299C.35 — Bureau To Broadcast Criminal Information.
Section 299C.37 — Police Communication Equipment; Use, Sale.
Section 299C.38 — Priority Of Police Communications; Misdemeanor.
Section 299C.40 — Comprehensive Incident-based Reporting System.
Section 299C.405 — Subscription Service.
Section 299C.46 — Criminal Justice Data Communications Network.
Section 299C.48 — Connection By Authorized Agency; Fee, Appropriation.
Section 299C.50 — Transfer Of Functions.
Section 299C.52 — Minnesota Missing Children And Endangered Persons Program.
Section 299C.53 — Missing Persons Report; Duties Of Commissioner And Law Enforcement Agencies.
Section 299C.535 — Request For Additional Information On Missing Person.
Section 299C.54 — Missing Children Bulletin.
Section 299C.56 — Release Of Medical Data.
Section 299C.565 — Missing Person Report.
Section 299C.5655 — Missing Persons; Standardized Reports And Procedures.
Section 299C.582 — Powers With Relation To Compact.
Section 299C.61 — Definitions.
Section 299C.62 — Background Check.
Section 299C.63 — Exception; Other Laws.
Section 299C.64 — Bureau Immunity.
Section 299C.65 — Information Advisory Group.
Section 299C.67 — Definitions.
Section 299C.68 — Background Check On Residential Building Manager.
Section 299C.69 — Owner Duties If Manager Convicted Of Crime.
Section 299C.71 — Bureau Immunity.
Section 299C.72 — Minnesota Criminal History Checks.
Section 299C.75 — Background Checks; Indian Tribes.
Section 299C.76 — Background Check; Access To Federal Tax Information.
Section 299C.80 — Independent Use Of Force Investigations Unit.