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Minnesota background check laws for employers
Minnesota's ban-the-box law covers all private employers: no criminal history questions or checks until the applicant is picked for an interview, or until a conditional offer if there is no interview. Minnesota's consumer report law also requires the disclosure form to include a box the applicant can check to get a free copy of the report. Minnesota's Clean Slate law now seals many records automatically.
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Fair-chance hiring (criminal history)
- All public and private employers, of any size, may not ask about, consider, or require disclosure of an applicant's criminal history until the applicant is selected for an interview, or, if there is no interview, before a conditional offer (Minn. Stat. § 364.021(a)).
- The rule does not apply to employers with a legal duty to run a criminal background check or consider criminal history for the job (Minn. Stat. § 364.021(b)).
- Employers may tell applicants that law or company policy disqualifies people with certain criminal histories from certain jobs (Minn. Stat. § 364.021(c)).
- The Minnesota Department of Human Rights enforces the rule against private employers (Minn. Stat. § 364.06, subd. 2(a)).
- Fines are up to $100 per violation (max $100 a month) for 10 or fewer workers at a Minnesota site, up to $500 (max $500 a month) for 11 to 20, and up to $500 (max $2,000 a month) for more than 20 (Minn. Stat. § 364.06, subd. 2(c)).
- The state's 'directly related' and rehabilitation factors in section 364.03 apply to public employment and state licensing, not private hiring (Minn. Stat. § 364.03).
State consumer report rules
- Before getting a consumer report for employment, the employer must give a written disclosure that a report may be obtained, included in or with any written application (Minn. Stat. § 13C.02, subds. 1-2).
- The disclosure must tell the person of the right to ask for more information on the nature of the report (Minn. Stat. § 13C.02, subd. 1).
- For an investigative consumer report, the disclosure must say the report may include personal interviews about character, reputation, personal traits, or mode of living (Minn. Stat. § 13C.02, subd. 1).
- The disclosure must include a box the person can check to get a copy of the report, and the CRA must send the free copy within 24 hours of sending it to the employer (Minn. Stat. § 13C.02, subd. 2).
- These disclosure rules do not apply to jobs the person has not applied for, or to investigations of a current employee's suspected misconduct until the investigation ends (Minn. Stat. § 13C.02, subd. 4).
- After an adverse action based on a report, the employer must tell the person of the right to a free copy if one was not already received, plus the CRA's name and address and the right to dispute errors (Minn. Stat. § 13C.03).
- The attorney general or county attorney may enforce these rules, and private remedies are available (Minn. Stat. § 13C.04).
How far back a report can go
- No Minnesota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.
- Under Minnesota's Clean Slate law, many records are sealed automatically, including dismissed cases and many petty misdemeanor, misdemeanor, gross misdemeanor, and some felony convictions after a waiting period of two to five years with no new conviction (Minn. Stat. § 609A.015, subds. 1, 3).
- Automatic Clean Slate expungement applies to eligible records in the state criminal history system as of January 1, 2025 (Minn. Stat. § 609A.015, note).
- Expungement seals the records and bars disclosure of their existence except by court order or statute (Minn. Stat. § 609A.01).
- Many low-level cannabis offenses are eligible for automatic expungement under Minnesota's 2023 law (Minn. Stat. § 609A.055).
- Expunged or pardoned records, and arrests or charges with no conviction, may not be used as evidence in negligent-hiring lawsuits against private employers when the job did not add extra risk to others (Minn. Stat. § 181.981, subd. 1).
Credit checks
- No Minnesota law was found that limits employer use of credit reports beyond the federal FCRA and the chapter 13C notice rules.
Also good to know
- Hospitals, nursing homes, home care agencies, assisted living facilities, and similar providers must have staff with direct patient contact pass a Department of Human Services background study (Minn. Stat. § 144.057, subd. 1).
Common questions
Can Minnesota employers run a background check?
Minnesota's ban-the-box law covers all private employers: no criminal history questions or checks until the applicant is picked for an interview, or until a conditional offer if there is no interview. Minnesota's consumer report law also requires the disclosure form to include a box the applicant can check to get a free copy of the report. Minnesota's Clean Slate law now seals many records automatically.
Does Minnesota have a ban-the-box law for private employers?
All public and private employers, of any size, may not ask about, consider, or require disclosure of an applicant's criminal history until the applicant is selected for an interview, or, if there is no interview, before a conditional offer (Minn. Stat. § 364.021(a)).
How far back does a background check go in Minnesota?
No Minnesota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.
Can Minnesota employers run credit checks on applicants?
No Minnesota law was found that limits employer use of credit reports beyond the federal FCRA and the chapter 13C notice rules.
Some rules for Minnesota weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Minn. Stat. § 364.021 (official)
- Minn. Stat. § 364.06 (official)
- Minn. Stat. § 364.03 (official)
- Minn. Stat. § 364.04 (official)
- Minn. Stat. § 364.09 (official)
- Minn. Stat. ch. 13C (§§ 13C.02-13C.04) (official)
- Minn. Stat. § 181.981 (official)
- Minn. Stat. § 609A.01 (official)
- Minn. Stat. § 609A.015 (official)
- Minn. Stat. § 609A.03 (official)
- Minn. Stat. § 609A.055 (official)
- Minn. Stat. § 144.057 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.