Last Updated: June 2017

Minnesota

Employers that are either located in Minnesota or hiring Minnesota residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Minnesota state laws, please visit the state legislature.




Background check laws in MN:

Minnesota Statutes 2003 13.02 subdivision 2 – Form; copy

The disclosure required under subdivision 1 must be in writing and must be provided to the consumer before the consumer report is obtained or caused to be prepared. If a written application is provided for employment purposes by an employer or prospective employer, the disclosure must be included in or accompany the application. The disclosure must include a box that the person may check off and return to receive a copy of the consumer report. If the consumer requests a copy of the report, the person requesting the report shall request the person preparing the report to provide a copy to the consumer. The report must be sent to the consumer by the person preparing the report within 24 hours of providing it to the person requesting the report.

 

181.645 EXPENSES FOR BACKGROUND CHECKS, TESTING, AND ORIENTATION.

Except as provided by section 123B.03 or as otherwise specifically provided by law, an employer or a prospective employer may not require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation.

In other words:

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.

 

 

In other words:

The employer cannot require the applicant or employee to pay the cost associated with procuring a background report. 

 

 


 How to Dispute Your Records: 

Criminal Records:

If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.

Feel free to take a look at some of these resources for more information:
General Information and Online Search
Public and Private Data
Basics on Criminal Expungement
Forms - Criminal Expungement
Video Tutorial on Expungement Forms

Civil Records:

All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.

List of all District Courts and their contact information

Contact State Law Officials

Minnesota Bureau of Criminal Apprehension
1430 Maryland Ave. East
St. Paul, MN 55106
Phone: (651) 793-7000
website

Minnesota State Court Administrator's Office
Minnesota Judicial Center (MJC)
Suite #: 135
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
Phone: (651) 296-2474
website

National Laws and Resources

In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.

Find any court in the USA: Court Locator Tool http://www.uscourts.gov/court_locator/CourtLocatorSearch.aspx

Disclaimer
GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.