As you apply for jobs, do you fear a criminal background check in Minnesota? Yes, Minnesota has laws for background checks of your criminal record.
Criminal Background Check Laws in Minnesota
In Minnesota, the criminal background check laws can be found in Chapter 364. Generally, a MN employer cannot do a criminal background check on you when you apply for a job.
This means an employer may not ask you or force you to disclose a criminal record or criminal history when you apply for a job. However, once a potential worker or employee is selected for an interview, an employer can inquire about a criminal background check.
Exceptions to a Criminal Background Check in Minnesota
Yes, there are numerous exceptions that allow employers to complete a criminal background check in Minnesota on your past before you interviewed for a job. They are as follows:
- The job you are seeking is through the Department of Corrections,
- The Employer has a duty to conduct a criminal background (hospital, military, etc.),
- The Employer has a duty to take into consideration the job seeker’s criminal history (school bus driver, day care, etc.).
Which jobs require a criminal background check?
Generally, the following types of jobs will require a criminal background check:
- School Employees
- School Bus Drivers
- Peace Officers
- Private Detectives
- Driving Training Instructors
- Racetrack Employees
- Apartment Managers
- Apartment Caretakers
- Mortgage Originators
How do you Stop a Criminal Background Check?
One of the best ways to stop or prevent a criminal background check in Minnesota from occurring is by not consenting or acknowledge the request. Many job applications have a question pertaining to criminal background checks.
In Minnesota, there are few exceptions that grant an employer the opportunity to ask you about your criminal history. As a result, workers are encouraged to ask questions and reduce the likelihood of a criminal background check against you.
What type of Crimes can be included in a Criminal Background Check?
In Minnesota, a criminal background is limited to felonies, gross misdemeanors, and misdemeanors for which a jail sentence may be imposed. No other criminal conviction shall be considered.
What records can not be included in a Criminal Background Check?
A criminal background check in Minnesota cannot include records of an arrest that did include a conviction. Also, your MN background check cannot include any issue that was expunged.
Additionally, a criminal background check that was a misdemeanor and no jail sentence was imposed may not be included in a criminal background check.