Ban The Box

The state of Minnesota passed a statue known as Chapter 364: Criminal Offenders; Rehabilitation. It states that public and private employers may not include questions about arrests or convictions on job applications or inquire about an applicant’s criminal history until after an interview is conducted or a conditional offer is extended.

If a background investigation is conducted and an applicant has a criminal record, then the employer must perform an individualized assessment. This involves considering the seriousness of an offense, how long ago it occurred, whether it is relevant to the position and related factors. Arrests that do not result in a conviction and misdemeanor convictions that had no jail sentence or are later annulled or expunged cannot be considered.

Public employer may choose to deny employment based on an applicant’s criminal history. Before doing so, they must provide the following items to the person in writing:

  • The reason for the decision to deny employment.
  • The applicable complaint/grievance procedure established in Section 364.06 of the statute.
  • The earliest date the applicant may reapply for a position with the employer.
  • Assurance that any evidence of rehabilitation will be reviewed and considered.

Applicants Cannot Be Forced To Pay For Background Check Expenses

Minnesota passed a statute that decrees employers may not pass on the cost of background checks or credit checks to job applicants. Employees cannot be forced to pay for training or testing that is required to keep their position unless it is required for the employee to maintain a license, registration or certification.

Disclosure Required Before Running A Consumer Report

Before running a consumer report such as a background check, an employer must first provide the applicant with a clear and concise disclosure. This must be a written document that includes a box the consumer can check to indicate they would like a free copy of report. If this box is checked, then the consumer must receive the copy within 24 hours of it being delivered to the employer.

If the consumer report is an investigative background check, then the disclosure must also inform the consumer that the final report could contain information obtained through personal interviews regarding the consumer's character, general reputation, personal characteristics, or mode of living.

Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.