MINNESOTA
Restriction | Explanation |
Applicant/subject cannot be required to pay for background check or portion of | An employer cannot require applicant or employee to pay for background checks or orientation, training or testing (unless required to obtain a license). |
Ban-the-Box 2: Use of criminal record only at/after interview | Effective 01/01/2014, inquiry about criminal record 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. |
Ban-the-Box 3: 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. |
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 Link. |
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. |
State Public Employees – Ban-the-Box Provisions | 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. |