Minnesota Background Check Laws (2026 Guide)

Overview of Minnesota Background Check Laws

Last verified: March 2026. This page reflects current Minnesota Statutes Chapter 364, Section 181.645, Section 364.021, Section 504B.241, and the Clean Slate Act effective January 1, 2025.

Table of Contents

• Overview of Minnesota Background Check Laws
• Ban the Box Law
• The Clean Slate Act
• Lookback Periods and the Seven-Year Rule
• FCRA and Minnesota Consumer Reporting Requirements
• Employer Background Checks
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Recent Changes and Updates
• Frequently Asked Questions
• Sources and References

Minnesota has some of the most comprehensive background check laws in the country. The state combines federal Fair Credit Reporting Act (FCRA) protections with strong state-level statutes that regulate how employers, landlords, and licensing boards can access and use criminal history information.

The cornerstone of Minnesota's approach is Chapter 364 of the Minnesota Statutes, titled "Criminal Offenders; Rehabilitation." The legislature declares that it is the policy of the state to encourage and contribute to the rehabilitation of criminal offenders and to assist them in resuming the responsibilities of citizenship.

In 2024, Minnesota took a major step forward by enacting the Clean Slate Act, which took effect on January 1, 2025. This law provides for the automatic sealing of eligible criminal records, affecting potentially more than two million historical records maintained by the Bureau of Criminal Apprehension (BCA).

Ban the Box Law

Minnesota's Ban the Box law is one of the broadest in the nation, covering both public and private employers. The law took effect for public employers in 2009 and was expanded to private employers in 2013, becoming effective for private employers on January 1, 2014.

What the Law Requires

Under Minn. Stat. § 364.021, employers cannot ask about an applicant's criminal history on the initial job application. The employer must wait until one of two points in the hiring process before making any criminal history inquiries:

• The applicant has been selected for an interview, OR
• A conditional job offer has been extended

This means no checkbox on the application asking whether the applicant has ever been convicted of a crime. No questions about arrests, charges, or convictions until the employer has had the chance to evaluate the applicant's qualifications first.

Who Must Comply

The law applies to all employers in Minnesota, including companies headquartered in other states that have operations in Minnesota. If the job will be performed in Minnesota, the Ban the Box law applies to the application process for that position.

Assessment Factors

When an employer does ask about criminal history during an interview or after a conditional offer, they must consider three factors under Minn. Stat. § 364.03:

1. The nature and gravity of the offense
2. The time that has passed since the offense or completion of the sentence
3. The nature of the job sought and how the offense relates to the job duties

Penalties for Violations

Employers who violate Minnesota's Ban the Box law face fines ranging from $500 to $2,000, depending on the size of the employer. The Minnesota Department of Human Rights enforces the law and accepts complaints from applicants who believe they were asked about criminal history too early in the hiring process.

Exceptions

Certain occupations are exempt from Ban the Box because they require criminal background checks under separate Minnesota law. These include teachers, school bus drivers, apartment managers, and positions working with children or vulnerable adults.

The Clean Slate Act

Minnesota's Clean Slate Act represents one of the most significant criminal justice reforms in state history. Signed into law in 2024 and effective January 1, 2025, the law provides for automatic expungement (sealing) of eligible criminal records.

How It Works

The Bureau of Criminal Apprehension (BCA) identifies records in the Minnesota Criminal History System that meet the eligibility criteria. The BCA then sends those records to the Minnesota Judicial Branch for a 60-day court review process. Once approved, the records are sealed.

The BCA identified more than two million historical records potentially eligible for automatic expungement under the Clean Slate Act. Beginning in April 2025, the BCA started sending eligible records to the courts incrementally rather than all at once, allowing the expungement process to move forward while the BCA continues working through more complicated records.

Waiting Periods by Offense Level

The law establishes specific waiting periods based on the severity of the offense. All waiting periods begin after the person has completed (been discharged from) their sentence:

Offense Level	Waiting Period
Petty misdemeanors (non-traffic)	2 years
Misdemeanors	2 years
Gross misdemeanors	3 years
Certain drug felonies (Minn. Stat. § 152.025)	4 years
Other eligible felonies	5 years

During the waiting period, the individual must not have any new convictions or pending charges (other than petty misdemeanors) to remain eligible for automatic expungement.

Offenses Excluded from Automatic Expungement

Not all criminal records qualify for automatic sealing. The following categories are excluded:

• Predatory offender registration offenses are never eligible for automatic expungement
• DWI/DUI offenses at any level
• Domestic violence offenses including domestic assault
• Sexual offenses
• Assault offenses (misdemeanor and gross misdemeanor level)
• Burglary (gross misdemeanor level)
• Indecent exposure

Individuals with these offenses can still pursue expungement through the traditional petition-based process by filing a motion with the court.

What "Sealed" Means

When a record is sealed under the Clean Slate Act, it is removed from the public criminal history search maintained by the BCA. However, certain agencies still have access to sealed records, including law enforcement, criminal justice agencies, and certain government departments. Background checks performed in other states may also still return sealed Minnesota records.

The state does not currently notify individuals when their records have been sealed. Individuals can check their status through the BCA's public criminal history website.

Impact on Employers

Employers are prohibited from using expunged records in hiring decisions. If an employer obtains and uses a sealed record, they may face penalties including fines. Employers should work with their background check providers to verify that their screening processes comply with Clean Slate requirements.

Lookback Periods and the Seven-Year Rule

Minnesota law establishes important limitations on how far back criminal records can be used in employment and licensing decisions.

The Chapter 364 Seven-Year Rule

Under Minn. Stat. § 364.03, a criminal conviction cannot be the basis for disqualifying a job applicant if:

• More than seven years have passed since the date of the conviction or the end of incarceration, AND
• The individual has not been convicted of any other crime during that time

However, this seven-year protection does not apply if the conviction directly relates to the specific duties and responsibilities of the position. The employer must apply the "direct relationship test" considering the nature of the crime, its relationship to the job duties, and the individual's evidence of rehabilitation.

Federal FCRA Lookback Limits

The federal Fair Credit Reporting Act sets additional lookback restrictions when employers use third-party consumer reporting agencies (CRAs) to conduct background checks:

• Arrests that did not result in conviction: Cannot be reported after 7 years
• Civil judgments and civil suits: Cannot be reported after 7 years
• Tax liens: Cannot be reported after 7 years
• Criminal convictions: No federal time limit on reporting

The FCRA's seven-year limit on certain records does not apply to positions with an annual salary of $75,000 or more.

How They Work Together

The federal FCRA and Minnesota Chapter 364 work together to create a layered system of protections. Even when a CRA can report a conviction on a background check, Minnesota law may still prevent an employer from using that conviction to deny employment if the seven-year period has passed and the conviction is not directly related to the job.

FCRA and Minnesota Consumer Reporting Requirements

When employers in Minnesota use third-party companies to conduct background checks, both federal and state laws apply.

Federal FCRA Requirements

Under the federal Fair Credit Reporting Act, employers must:

1. Provide a clear, standalone written disclosure to the applicant that a consumer report may be obtained for employment purposes
2. Obtain the applicant's written authorization before requesting the report
3. Provide a pre-adverse action notice with a copy of the report and a summary of rights before taking adverse action
4. Provide a final adverse action notice if the employer decides not to hire based on the report

Minnesota State Additions

Minnesota law adds protections beyond the federal FCRA. Under the Minnesota Fair Credit Reporting Act, if an applicant requests a copy of their background check report:

• The consumer reporting agency must send a copy of the report to the applicant free of charge within 24 hours of providing it to the employer
• If the applicant requests additional information about the nature and scope of the report, the agency must provide written disclosure within five days

The adverse action notice requirement also carries state-level weight. Minnesota law requires employers to provide notice to applicants when adverse action is taken "wholly or partly" based on information in the report.

Employer Background Checks

Cost Prohibition

Under Minn. Stat. § 181.645, an employer or prospective employer cannot require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation. The employer must bear the full cost of any background screening they choose to conduct.

BCA Background Check Services

The Minnesota Bureau of Criminal Apprehension operates the state's criminal history system and provides background check services to employers. As of 2025, the fee structure includes:

Check Type	Fee
FBI fingerprint check (general)	$32 ($15 + $17)
FBI fingerprint check (nonprofit volunteer)	$23 ($8 + $15)
FBI fingerprint check (nonprofit employee)	$25 ($8 + $17)
BCA fingerprinting service	$10 per card

Employers can access the BCA's background check services through the Department of Public Safety.

The Direct Relationship Test

Under Minn. Stat. § 364.03, no person can be disqualified from employment solely because of a prior conviction unless the crime directly relates to the position sought. When determining whether a conviction directly relates, the employer must consider:

1. The nature and seriousness of the crime
2. The relationship of the crime to the purposes of regulating the position
3. The relationship of the crime to the ability, capacity, and fitness required to perform the job duties

Even when a conviction does directly relate to the job, the applicant can still demonstrate evidence of rehabilitation and present fitness to perform the duties. This rehabilitation evidence must be considered by the employer.

Records That Cannot Be Used

Minnesota law prohibits the use of certain records in employment decisions:

• Arrests not followed by a valid conviction
• Convictions that have been annulled or expunged
• Misdemeanor convictions for which no jail sentence can be imposed
• Records sealed under the Clean Slate Act

Housing and Tenant Screening

Minnesota landlords can conduct background checks on prospective tenants, but the process is regulated by both state and federal law.

Tenant Screening Requirements

Under Minn. Stat. § 504B.241, residential tenant screening services must:

• Disclose the nature and substance of all information in their files when requested by the tenant
• Provide free disclosure if the screening report was used within the past 30 days to deny rental or increase rent/security deposit
• Allow tenants to dispute inaccurate information and conduct reinvestigation
• Delete information found to be inaccurate or unverifiable

Criminal History in Tenant Screening

Minnesota allows landlords to consider criminal history when screening tenants, but landlords cannot apply blanket bans. Instead, they must conduct an individualized assessment weighing:

• The type and severity of the criminal offense
• How long ago the offense occurred
• Whether the offense is relevant to housing safety

Under the federal FCRA, arrests and non-conviction records can only be reported in tenant screening for seven years. Criminal convictions can be reported indefinitely.

Minneapolis Renter Protection Ordinance

The City of Minneapolis has additional tenant screening regulations through its Renter Protection Ordinance. Minneapolis landlords must follow either inclusive screening criteria or an individualized assessment approach that adds protections beyond state law.

Pending Legislation: Fair Chance Access to Housing Act

Minnesota's proposed Fair Chance Access to Housing Act (SF 2629) would further restrict how landlords use criminal records. The proposed law would require landlords to issue a conditional offer before evaluating an applicant's criminal history, similar to how Ban the Box works in employment.

Professional Licensing Background Checks

Minnesota requires background checks for many professional and occupational licenses, particularly in health care and positions working with vulnerable populations.

Health-Related Licensing Boards

Under Minn. Stat. § 214.075, all applicants for initial professional licensure, reinstatement, or licensure by endorsement must complete a fingerprint-based criminal background check. The process works as follows:

1. The applicant submits fingerprints to the licensing board
2. The board sends fingerprints to the BCA for a state-level criminal history check
3. The BCA forwards fingerprints to the FBI for a national criminal history check
4. The BCA reports results to the licensing board

Background check results are valid for one year. If more than a year passes without completing the licensure process, the applicant must submit to a new background check.

Applicant Rights

Before taking disciplinary action based on a criminal conviction, the licensing board must:

• Provide the applicant an opportunity to challenge the accuracy of the criminal history information
• Allow 30 calendar days for the applicant to request correction of the record
• Consider evidence of rehabilitation under the Chapter 364 framework

Refusal to Submit

Licensing boards will not issue a license to any applicant who refuses to consent to a criminal background check or fails to submit fingerprints after submitting a licensure application.

Positions Requiring Background Checks

Minnesota law mandates background checks for numerous licensed positions, including but not limited to:

• Teachers and school personnel
• Health care professionals (medical, nursing, therapy, social work, behavioral health)
• Child care providers
• School bus drivers
• Private security officers
• Apartment managers

Recent Changes and Updates

Clean Slate Act Implementation (2025)

The most significant recent change is the implementation of the Clean Slate Act beginning January 1, 2025. The BCA completed programmatic changes to review more than 16 million records in the Minnesota Criminal History System to identify records potentially eligible for automatic expungement. Actual record sealing began in mid-2025 and is ongoing.

Cannabis Expungements (2023-2025)

In connection with the Adult-Use Cannabis Act, the BCA also completed automatic expungements of cannabis-related records. These expungements were completed before the broader Clean Slate Act implementation.

Minneapolis Fair Chance Ordinance (August 2025)

Effective August 1, 2025, the City of Minneapolis amended its Civil Rights Ordinance to add "justice-impacted status" as a protected classification. This means employers in Minneapolis face additional restrictions:

• Employment decisions cannot be based on an applicant's criminal record unless the employer can show the decision is "reasonably based" on the relationship between the criminal conduct and the job requirements
• Employers cannot base adverse decisions on arrests that did not result in a conviction
• Employers must consider the passage of time, rehabilitation, and the person's age at the time of the offense

Limited exceptions apply for positions working with children and law enforcement positions.

Frequently Asked Questions

Sources and References

• Minnesota Statutes Chapter 364: Criminal Offenders; Rehabilitation
• Minn. Stat. § 364.021: Ban the Box
• Minn. Stat. § 364.03: Direct Relationship Test
• Minn. Stat. § 181.645: Background Check Cost Prohibition
• Minn. Stat. § 214.075: Professional Licensing Background Checks
• Minn. Stat. § 504B.241: Residential Tenant Reports
• Minnesota Department of Human Rights: Criminal Background
• Minnesota BCA: Employer Background Checks
• Minnesota BCA: Clean Slate Act Implementation
• Minnesota BCA: Background Check Fees
• Minnesota Public Criminal History Search
• Minnesota Attorney General: Clean Slate Tour
• Minneapolis Renter Screening Protections
• Minnesota Courts: Criminal Expungement FAQs