Clay County Sheriff Mark Empting testified in Minnesota House Committee in hopes to gain access to expunged records

MOORHEAD, Minn. (KVRR) — Since January 2025, the Clay County Sheriff’s Department and other departments have not been able to access expunged records—records of criminal convictions that have been destroyed or sealed from state or federal view. But Sheriff Mark Empting has said this has been a public safety issue.

“So maybe that disorderly conduct was pled down, but we didn’t know about the domestic assault. So we need to see that history, so we can make the best decision necessary moving forward with those applications,” said Mark Empting, Clay County Sheriff.

Earlier this week, Empting testified during a Minnesota House Public Safety Committee. The committee presented a bill that would allow law enforcement to access the expunged records specifically for applications to receive, purchase, or carry a firearm.

“We’re not taking away the rights of lawful citizens. We don’t want to do that. That’s not our intent. We just want to be able to look at the current disqualifiers and be able to make our decisions based on that,” said Empting.

In 2025, Clay County has seen an increase in gun permit applications. But without the aid of the records, Empting said the current view on applications gives only a 10,000-foot view of an individual’s history.

“We issue out thousands of permits every year to lawful, responsible citizens. We just want to make sure that we don’t issue out a permit to somebody that has some of that violent behavior in the past,” said Empting.

Empting says he believes the bill will pass. And the expunged records may soon be available to law enforcement as early as August 1st.