Minnesota Background Check Laws (2026 Guide)

Minnesota regulates background checks through Minn. Stat. § 364.021, which bars employers from asking about criminal history on job applications, and § 364.03, which bars public employers and licensing authorities from disqualifying an applicant over a conviction unless the crime directly relates to the position or license sought. The 2025 Clean Slate Act adds automatic sealing of eligible records after waiting periods of two to five years.

Overview of Minnesota Background Check Laws

Last verified: September 5, 2026. This page reflects current Minnesota Statutes Chapter 364, Section 181.645, Section 364.021, Section 504B.241, the Clean Slate Act effective January 1, 2025, the Minnesota Supreme Court's decision in McNitt v. Minnesota IT Services (Sept. 2, 2026), and the amendment to Section 364.03, subdivision 3, in Laws 2026, chapter 97.

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

Section 364.021 governs only the timing of the inquiry. What an employer must do with the answer depends on who is hiring.

Public employers and licensing authorities must apply the three-factor "direct relationship test" in Minn. Stat. § 364.03, subdivision 2:

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

Private employers are not bound by that test. Under Minn. Stat. § 364.06, subdivision 2, a private employer "is not otherwise liable for complying with or failing to comply with section 364.021," which is the only part of Chapter 364 that reaches private hiring. The Minnesota Department of Human Rights instead gives private employers non-binding guidance: weigh the nature and gravity of the offense, the time that has passed since the offense or completion of the sentence, and the nature of the job sought. A local ordinance can require more, as Minneapolis does.

Penalties for Violations

The commissioner of human rights investigates violations of section 364.021 by private employers and may impose a penalty under Minn. Stat. § 364.06, subdivision 2. For violations occurring after December 31, 2014, the penalty is set per violation and capped per calendar month by employer size:

The Minnesota Department of Human Rights accepts complaints from applicants who believe they were asked about criminal history too early in the hiring process. Complaints against public employers are processed under the Administrative Procedure Act instead (§ 364.06, subd. 1).

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:

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 Direct Relationship Test

Under Minn. Stat. § 364.03, a criminal conviction cannot be the basis for disqualifying an applicant from public employment or an occupational license unless the crime directly relates to the position or license sought. The statute sets no fixed number of years after which a conviction stops counting; instead, the hiring or licensing authority must apply a three-factor "direct relationship test," weighing the nature and seriousness of the crime, its relationship to the purposes of regulating the position, and its relationship to the ability, capacity, and fitness required to perform the job's duties.

Even when a conviction does directly relate to the position, the applicant may present competent evidence of rehabilitation and present fitness under Chapter 364. Producing that evidence does not by itself entitle the applicant to the job. In McNitt v. Minnesota IT Services, No. A23-1948 (Minn. Sept. 2, 2026), the Minnesota Supreme Court held that once an applicant produces competent evidence under section 364.03, subdivision 3(a), the hiring or licensing authority retains discretion to determine whether sufficient rehabilitation and present fitness have been shown.

The Legislature has also rewritten this subdivision. Laws 2026, chapter 97, article 9, section 2 amends section 364.03, subdivision 3, to say that a person with a directly related conviction "may" be disqualified "unless" the person shows both competent evidence of sufficient rehabilitation and present fitness, and it converts the old list of qualifying documents into factors the hiring or licensing authority "may consider." The amendment is effective the day following final enactment. The Revisor's published text of section 364.03 still displays the pre-amendment language with an amendment notice attached, so read the session law alongside it. Evidence an authority may consider includes a DD-214 showing an honorable discharge, a local, state, or federal release order, and evidence that at least one year has passed since release from custody without a new conviction.

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 lawfully report a conviction on a background check under the FCRA's seven-year rule, Minnesota law may still prevent a public employer or licensing authority from using that conviction to deny the position if the conviction does not directly relate to it under the Chapter 364 test.

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. Minnesota has no statute named the "Minnesota Fair Credit Reporting Act"; the controlling provisions sit in Chapter 13C, the state's access-to-consumer-reports law. Under Minn. Stat. § 13C.02, when a consumer report is obtained for employment purposes:

• The person preparing the report must send a copy to the consumer within 24 hours of providing it to the person who requested it, and the consumer may not be charged for that copy (subd. 2)
• If the consumer asks for further disclosure of the nature and substance of the information, that disclosure must be in writing and mailed or delivered within five days after the request was received or the report was requested, whichever is later (subd. 3)

The adverse action notice requirement also carries state-level weight. Under Minn. Stat. § 13C.03, a user who denies employment or takes other adverse employment action wholly or partly because of information in a consumer report must tell the consumer, identify the consumer reporting agency by name and address, and give notice of the right to dispute and correct errors.

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:

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

The Direct Relationship Test

Under Minn. Stat. § 364.03, subdivision 1, no person can be disqualified from public employment, or from an occupation for which a license is required, solely or in part because of a prior conviction unless the crime directly relates to the position or license sought. "Hiring or licensing authority" is defined at § 364.02, subdivision 6, as a person, board, commission, or department of the state of Minnesota, its agencies, or political subdivisions, so this test does not reach private employers. When determining whether a conviction directly relates, the hiring or licensing authority 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 position, the applicant can still demonstrate evidence of rehabilitation and present fitness to perform the duties. That evidence is presented to the hiring or licensing authority, which decides whether it is sufficient.

Records That Cannot Be Used

Under Minn. Stat. § 364.04, the state of Minnesota, its agents, and its political subdivisions may not use, distribute, or disseminate these records in connection with an application for public employment or for a license:

• Arrests not followed by a valid conviction
• Convictions that have been annulled or expunged
• Misdemeanor convictions for which no jail sentence can be imposed

Separately, records sealed under the Clean Slate Act are removed from the public criminal history search, so they should not surface in a routine background check run by any employer.

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

Can a Minnesota employer ask about my criminal history on a job application?

No. Under Minnesota's Ban the Box law (Minn. Stat. § 364.021), employers cannot inquire about criminal history on the initial job application. They must wait until the applicant has been selected for an interview or until a conditional job offer has been extended. This applies to both public and private employers operating in Minnesota.

What records are automatically sealed under the Clean Slate Act?

The Clean Slate Act, effective January 1, 2025, automatically seals eligible petty misdemeanors and misdemeanors after 2 years, gross misdemeanors after 3 years, and eligible felonies after 5 years from sentence completion. However, DWI/DUI offenses, domestic violence, sexual offenses, assault, and offenses requiring predatory offender registration are excluded from automatic sealing and must go through the traditional petition-based expungement process.

Can a Minnesota employer make me pay for my own background check?

No. Under Minn. Stat. § 181.645, an employer or prospective employer cannot require an employee or job applicant to pay for expenses incurred in criminal or background checks, credit checks, or orientation. The employer must pay all costs associated with background screening.

How far back can a background check go in Minnesota?

Under the federal FCRA, arrests not resulting in conviction can only be reported for 7 years. Criminal convictions have no federal reporting time limit. However, under Minnesota Statute § 364.03, a public employer or licensing authority generally cannot use a conviction to disqualify an applicant, regardless of its age, unless the crime directly relates to the position or license sought; private employers are not bound by that test. The FCRA seven-year limit on certain records does not apply to positions paying $75,000 or more per year.

Can a Minnesota landlord deny my rental application based on a criminal record?

Minnesota landlords can consider criminal history in tenant screening, but they cannot apply blanket bans. They must conduct an individualized assessment weighing the type and severity of the offense, the time elapsed, and relevance to housing safety. Under the FCRA, non-conviction records can only be reported for 7 years. Minneapolis has additional protections under its Renter Protection Ordinance that further limit how landlords can use criminal records.