Minnesota Background Check Laws

What are Minnesota background check and ban-the-box laws?

We update this overview of Minnesota background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

FCRA State Laws Ban-the-box

FAIR CREDIT REPORTING ACT (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.

State laws

Minnesota Statutes 2003 13.02 subdivision 2 – Form

Our take: Under this provision, employers in Minnesota must (1) provide applicants written disclosure before ordering a background report; and (2) include a box on the disclosure that the applicant can check off to receive a copy of the report. If a copy is requested, the CRA that made the report must send the applicant a copy of the report within 24 hours and free of charge.

181.645 EXPENSES FOR BACKGROUND CHECKS, TESTING, AND ORIENTATION.

Our Take: Except as provided by Section 123B.03 or as otherwise specifically provided by law, an employer cannot require the applicant or employee to pay the cost associated with procuring a background report.

BAN-THE-BOX AND FAIR HIRING LAWS

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Who must follow: This ban-the-box law applies to both public sector employers and licensing authorities located in Minnesota.

Timing of inquiry: Employers in Minnesota, whether public or private, may not inquire into criminal history until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made.

Consideration of records: Public sector employers in the state of Minnesota are prohibited from inquiring into or using records of arrest not followed by valid conviction, annulled or expunged convictions, and misdemeanor convictions for which no jail sentence can be imposed.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed for public-sector positions and positions for which a license is required.
  • Final adverse action: If a public sector employer or licensing authority denies an individual a position of public employment disqualifies the person from an occupation for which a license is required, the hiring or licensing authority shall notify the individual in writing of the following: (1) the grounds and reasons for the denial or disqualification; (2) the applicable complaint and grievance procedure as set forth in section 364.06; (3) the earliest date the person may reapply for a position of public employment or a license; and (4) that all competent evidence of rehabilitation presented will be considered upon reapplication
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LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES

See which Minnesota counties and cities have local ban-the-box and fair hiring laws.

GET ALL Ban-the-Box Laws