Minnesota Background Check Laws

Minnesota's 'Ban the Box' law (Minn. Stat. § 364.021) prohibits employers from inquiring about an applicant's criminal record on an initial employment application. Employers may only inquire about criminal history after the applicant has been selected for an interview or, if there is no interview, after a conditional offer of employment has been made. This applies to both public and private employers. If an employer decides not to hire an applicant based on their criminal record, they must inform the applicant in writing of the specific criminal offense(s) and provide a copy of the criminal history record, along with information on how to challenge the accuracy of the record. The employer must also consider the nature and gravity of the offense, the time that has passed since the offense, and the nature of the job sought.

While Minnesota does not explicitly supersede the federal Fair Credit Reporting Act (FCRA), its ban-the-box law (Minn. Stat. § 364.021) imposes stricter requirements on when criminal history information can be requested, effectively delaying the use of consumer reports containing criminal history until later in the hiring process than FCRA might otherwise permit. Employers must comply with both FCRA and Minnesota's more restrictive ban-the-box provisions.

Minnesota law (Minn. Stat. § 364.021) does not explicitly set a time limit on reporting criminal convictions. However, for non-conviction data (e.g., arrests not leading to conviction), the federal FCRA's seven-year reporting limit generally applies for positions with salaries under a certain threshold. For convictions, the ban-the-box law focuses on the timing of the inquiry and the individualized assessment rather than an outright reporting limitation. Employers should be cautious about using very old conviction data without a strong nexus to the job.

Minnesota law (Minn. Stat. § 609A.01 et seq.) allows for the expungement of criminal records. If a record has been expunged, it is generally treated as if it never occurred, and employers are prohibited from inquiring about or considering such records. Employers should ensure their background check providers are aware of and comply with expungement orders, and should not use expunged records as a basis for employment decisions. An expunged record cannot be used to disqualify an applicant.