Minnesota State Employment Laws
The state of Minnesota has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Applicant/subject cannot be required to pay for background check or portion of | An employer cannot require an applicant or employee to pay for background checks or orientation, training or testing (unless required to obtain a license). See the statute here for more information. |
| Ban the Box: Use of criminal record only at/after interview | Effective 01/01/2014, inquiry about criminal records is delayed: An employer may not ask an applicant or obtain criminal record information by any means until the applicant has the first interview if the employer uses interviews. If there is no interview then no inquiry until a conditional job offer is made to the applicant. See the statute here for more information. |
| Ban the Box: Use of criminal record only after conditional offer of employment | If there is no interview then no inquiry until a conditional job offer is made to the applicant. An employer may not ask an applicant or obtain criminal record information by any means until the applicant has the first interview if the employer uses interviews. If there is no interview then no inquiry until a conditional job offer is made to the applicant. See the statute here for more information. |
| Combination of Arrest only, Expungements, and type of Misdemeanor | FOR PUBLIC EMPLOYERS ONLY: Public employers cannot consider arrests without convictions, expunged records or misdemeanor convictions for which no confinement is authorized. However, there are exceptions. See Additional Info. See the statute here for more information. Additional Info: See MSA §364.04. However, these restrictions do not apply to admission to the bar, police, fire, private detectives, school bus drivers, special transportation service, commercial driver training instructors, emergency medical services personnel, taxicab drivers and medical doctors - see MSA §364.09. |
| Must Provide Notice | If a user for employment, tenant screening or credit intends to obtain criminal records from the state Bureau of Criminal Apprehension (not county records), they must so inform the consumer. See the statute here for more information. |
| Ban the Box - State Public Employees | A public (or private) employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment 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 to the applicant. See the statute here for more information. Notable Exceptions: Does not apply to the Department of Corrections or to employers who have a statutory duty to conduct a criminal history background check. |
