Minnesota ban-the-box law: Minn. Stat. 364.021 for recruiters

Minnesota's ban-the-box law, Minnesota Statutes section 364.021, says a public or private employer may not ask about, consider or require disclosure of an applicant's criminal record until the applicant has been selected for an interview, or, if there is no interview, until a conditional offer has been made. There is no minimum employer size in the section. For private employers, that timing rule is the main obligation in chapter 364; the rehabilitation standard and the written notice requirements in the same chapter are written for public employment and licensing. The Department of Human Rights enforces it with modest per-violation penalties scaled to employer size.

The statute

Section 364.021(a) reads: "A public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant." The private employer rule was added in 2013 (2013 c 61), and the section was last amended in 2023.

Two other parts of the section matter in practice:

• Exceptions, 364.021(b): the section does not apply to the Department of Corrections or "to employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process."
• Disqualifying offense notices, 364.021(c): the section "does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions."

Who is covered

• Every public and private employer. Section 364.021 does not set a minimum headcount, and chapter 364's definitions do not add one for private employers.
• Agencies. The section does not mention employment or staffing agencies. An agency is a private employer of its own temporary workers, and an agency asking on a client's behalf is doing the inquiring the client is barred from. We did not find Minnesota guidance on agencies specifically, so treat the rule as applying to your screens.
• Exempt employers. Those with a statutory duty to run a check or consider criminal history are outside 364.021. Ask the client which statute imposes the duty.

When the question may be asked

The trigger is selection "for an interview by the employer." A recruiter's first call usually comes before the employer has selected anyone for interview, so the screen should stay clear of criminal history. Many multi-state teams leave the question to a post-offer background check in every state, which satisfies Minnesota and stricter laws at once.

What Minnesota does not require of private employers

Section 364.03 bars disqualifying a person from public employment or a licensed occupation solely because of a conviction unless the crime directly relates to the position, lists factors for that judgment, and protects people who show sufficient rehabilitation. Section 364.05 requires a written notice of the grounds, the complaint procedure, the earliest reapplication date and the consideration of rehabilitation evidence. Both are written for a "hiring or licensing authority," which section 364.02 defines as the state, its agencies or political subdivisions. They do not, by their terms, apply to private employers.

That does not leave a private employer's decision unregulated. EEOC guidance under Title VII still applies to how a record is used, and the federal FCRA governs reports from screening companies. Cities may add their own rules; we did not check Minnesota local ordinances for this page.

Section 364.09 lists further exceptions to chapter 364, including the licensing process for peace officers, law enforcement and fire protection agencies, private detective and protective agent licensing, and certain background study processes. Check whether a role falls within one before assuming the chapter applies.

Penalties and enforcement

Under section 364.06, subdivision 2, the Commissioner of Human Rights investigates violations of 364.021 by private employers. For violations after December 31, 2014:

The remedies in that subdivision "are exclusive," and a private employer "is not otherwise liable" for complying or failing to comply with 364.021. Complaints about public employers go through the Administrative Procedure Act.

How it fits with FCRA adverse action

Once the employer is allowed to look at criminal history, a check from a screening company brings in the federal FCRA: a stand-alone disclosure and written authorization before the check, a pre-adverse action notice with the report and the summary of rights before rejecting, a reasonable waiting period, and a final adverse action notice. Minnesota's statute adds no separate notice for private employers, so the FCRA steps and the employer's own individualized review are the process. See the FCRA background check process and background check notification emails.

How Minnesota compares with other states

Minnesota's trigger, selection for an interview, is similar to Illinois's, but the two differ in what comes after. For a desk that recruits across several states:

If one process has to work everywhere, waiting for a conditional offer and allowing five business days for a response covers all three.

Questions to settle with a Minnesota client at intake

• Does the client have a statutory duty to run a background check for this role? Which statute?
• Does a law or the client's policy disqualify specific offenses for the role, and has the client told applicants?
• At what point does the client select candidates for interview, and who does it?
• Who orders the check, who reviews the result, and who sends the FCRA notices?

A script for Minnesota screens

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screening, so I won't ask about it or note it. If it comes up later, it'll be through the employer's background process."

Candidate asks if a conviction disqualifies them: "I can't assess that. If a law or the employer's policy disqualifies a specific offense for this role, the employer can tell you which ones. Otherwise it's looked at individually later."

Client asks you to screen out records before interviews: "Minnesota doesn't allow that until the candidate is selected for an interview, unless you have a statutory duty to check. Which statute applies to this role?"

A Minnesota checklist for recruiting desks

1. Remove criminal history questions from applications and screening questionnaires for Minnesota roles.
2. Keep the topic out of recruiter screens; the earliest point is the employer's selection for interview.
3. If a client claims an exception, get the statute that imposes the background check duty.
4. Where a law or policy disqualifies specific offenses, let the employer publish that list rather than asking candidates.
5. Keep volunteered information out of notes and submittals. See what not to write in interview notes.
6. For federal guidance and general scripts, see ban-the-box laws and interview questions.