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Minnesota Background Check Laws: What Employers Need to Know
Minnesota layers detailed employer and tenant screening rules on top of federal FCRA standards, relevant across the state's healthcare, agriculture, and retail industries, whether you're hiring in Minneapolis, St. Paul, or Rochester.
Ban-the-Box
Employers can't ask about or obtain criminal record information by any means until the candidate has had a first interview, or if the employer doesn't use interviews, until a conditional job offer has been made.
Public Employer Restrictions
Public employers specifically can't consider arrests without convictions, expunged records, or misdemeanor convictions where no confinement is authorized, with some exceptions.
Notice Requirements
If a user is pulling criminal records from the state Bureau of Criminal Apprehension, rather than county records, for employment, tenant screening, or credit purposes, the consumer must be informed. Insurance companies pulling an investigative consumer report must also notify the consumer and let them know they can request a copy.
Employers Can't Pass the Cost to Candidates
Employers can't require an applicant or employee to pay for a background check, or for orientation, training, or testing, unless that's required to obtain a license.
Tenant Screening Specifics
Minnesota has its own tenant screening reporting rules that run parallel to the FCRA. When conviction data is reported, the CRA must include the consumer's full name and date of birth if listed in the court record, along with the court's coded basis for its decision. Expunged eviction records can't be stored or reported, and the consumer must be allowed to explain any eviction listed on the report.
Pass-Through Fees for Minnesota Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (MN Dept. of Public Safety Bureau of Criminal Apprehension) | $15.00 per general adult record request, or $8.00 for a candidate requesting their own record, or for certain qualifying nonprofits |
| Motor vehicle record | $5.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Minnesota Employers
Does Minnesota have a Ban-the-Box law?
Yes. Criminal history can't be raised until after the first interview, or a conditional offer if there's no interview stage.
Who pays for a background check in Minnesota?
The employer. Minnesota law prohibits passing that cost, or related orientation and testing costs, to the applicant or employee, outside of licensing requirements.
Are Minnesota's tenant screening rules different from employment screening?
Yes. Tenant screening reports have their own specific requirements around name, date of birth, and coded eviction reasons that don't apply to standard employment checks.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
