Employers often integrate Washington state background checks into their hiring process to gain a deeper understanding of a candidate’s history beyond what is listed on their resume or application. These checks can include reviews of criminal history, employment and education verification, and driving records. It’s essential for employers to ensure their pre-employment screenings comply with federal, state, and local regulations.

In Minnesota, as in many other states, employers must navigate complex laws governing the use of background checks during hiring. These regulations include both state-specific laws and federal guidelines such as the Fair Credit Reporting Act (FCRA), which governs the use of third-party background checks. Below is a guide to help employers in Minnesota understand how to legally and effectively conduct background checks.

What Is a Minnesota Background Check?

A Minnesota background check involves reviewing a candidate’s past to help employers assess their suitability for a position. Pre-employment screenings often include public records searches, database checks, and verifications. The specific details revealed depend on the scope of the screening and whether it is conducted internally or via a third-party provider. Common checks include criminal history, previous employment, education, driving records, and more.

While many employers can choose to conduct background checks, some, such as those hiring firefighters, police officers, private security, or school personnel working with children, are legally required to do so under Minnesota statute 123B.03. Additionally, certain national organizations receiving federal grants must follow mandates like the Serve America Act, which requires specific background checks for positions involving vulnerable populations, such as children or the elderly.

Whether legally mandated or optional, background checks help maintain workplace safety and reduce liability risks for employers. These screenings can be conducted by the employer or through a Consumer Reporting Agency (CRA) like Identify Background Checks to ensure accuracy and compliance.

Minnesota Background Check Laws

Minnesota employers must follow a variety of regulations when conducting background checks, from federal laws to state-specific mandates. Here are some of the key laws governing background checks in Minnesota:

Ban-the-Box Law

Minnesota’s ban-the-box law applies to both public and private employers conducting criminal background checks. This law prevents employers from asking about a candidate’s criminal history on a job application. Employers must wait until after an interview or a conditional offer of employment before inquiring about criminal history.

Additionally, employers cannot consider certain types of records, including arrest records that did not result in a conviction, expunged records, or misdemeanor convictions that did not result in jail time.

Minnesota Human Rights Act

This act prohibits discrimination based on race, religion, sex, disability, age, national origin, sexual orientation, gender identity, and other protected characteristics during the hiring process.

Fair Credit Reporting Act (FCRA)

If an employer uses a CRA for background checks, they must comply with the FCRA. This includes providing written notice to candidates before the check and obtaining written permission. If a decision is made not to hire the candidate based on the check, employers must follow the adverse action process outlined by the FCRA.

Staying compliant with these and other regulations can be complicated, especially in areas where local ordinances add further requirements. Many employers choose to work with professional background check providers like Identify Background Checks to ensure full compliance.

How Far Back Do Background Checks Go in Minnesota?

The length of time covered by a Minnesota background check depends on the type of check being conducted and whether a CRA is involved. When a CRA is used, the FCRA imposes a seven-year look-back period for certain types of information, including:

• Criminal arrests without convictions
• Civil suits and judgments
• Paid tax liens
• Accounts sent to collections

Positions with a salary of $75,000 or more are exempt from this seven-year limit. Unlike some states, Minnesota does not have laws restricting the reporting of criminal convictions after seven years.

Driving records from Minnesota’s Department of Public Safety can provide a candidate’s entire driving history, but non-certified records only cover the past five years. Non-criminal driving records obtained through a CRA are subject to the FCRA’s seven-year limit unless the salary threshold is met.

How Long Does a Minnesota Background Check Take?

The timeline for completing a Minnesota background check varies depending on several factors, including the scope of the check, the type of records being requested, and whether the search is done internally or via a CRA.

An instant background check may be possible for certain information, such as Social Security number traces or national criminal database searches. However, more complex checks, such as verifying employment or conducting manual criminal record searches, may take a week or longer.

Using a CRA can expedite the process, as many agencies have access to databases and public records that simplify and speed up the search. Partnering with a provider like Identify Background Checks ensures timely results while maintaining compliance.

How to Get a Minnesota Background Check

Employers can either perform their own background checks or work with a CRA. If conducting a background check independently, employers may need to contact various government agencies directly. For example, criminal records can be requested through the Minnesota Bureau of Criminal Apprehension, while driving records can be obtained from the Department of Vehicle Services.

Alternatively, working with a CRA streamlines the process by consolidating various types of background checks, including criminal history, driving records, employment, and education verification, into a single request. CRAs also help ensure compliance with all relevant laws.

How Much Does a Minnesota Background Check Cost?

Costs for background checks in Minnesota vary depending on the type of screening requested. For example, an FBI background check may cost between $25 and $33, while a state criminal records search can range from $8 to $15. Driving record requests are typically $9.50 for non-certified records and $10.50 for certified ones.

Employers may find that working with a CRA is more cost-effective and less time-consuming than conducting individual background checks. Identify Background Checks offers comprehensive background check packages starting at $10.00.