An Employer’s Guide to Minnesota Background Checks

Background checks are an essential part of the employee screening process. They help qualify your potential candidate for your open position and provide existing employees a layer of security, allowing them to feel safer and reducing workplace liability.

Understanding how the background check process works is crucial for an HR professional or recruiter. The following guide helps you answer potential candidates’ questions and develop a deeper understanding of what to expect throughout the hiring process regarding background checks in Minnesota.

What Is a Minnesota Background Check?

A Minnesota background check qualifies a candidate in the hiring process by reviewing their past as recorded by various reliable, independent sources. These references include a candidate’s criminal history, educational background, previous employment history, driving record, etc.

The benefits of these reports are tenfold. They ensure your candidate’s application is an honest representation of who they are, protect your company’s brand, increase workplace safety, and reduce the risk of liability.

Some Minnesota state statutes require the use of background checks in particular industries, such as school employees, fire department employees, police officers, private security officers, and those who work with vulnerable populations, like children, the elderly, or those with disabilities. 

Before conducting a background check, it’s important to understand what types of information will be included in the report, how long the process takes, and what laws and regulations impact reporting.

What Does a Background Check Show In Minnesota?

Due to the unique requirements of positions in different industries, some positions might undergo more extensive background checks than others. For example, positions that require an employee to handle financial accounts might perform credit checks. Likewise, companies hiring for openings where an employee is expected to drive a company vehicle might invest more resources in examining a candidate’s driving records. 

When conducting a Minnesota background check, you can expect to find one or more types of reports:

• Criminal History: Reviewing a job applicant’s criminal history typically involves looking at arrest records, pending criminal cases, and misdemeanor and felony convictions. Positions in government, education, healthcare, and finance are normally the most in-depth when it comes to criminal history checks. According to the Minnesota Bureau of Criminal Apprehension, records run through their system and are checked against the Minnesota Criminal History system and FBI records when authorized.
• Civil Court History: Employers might conduct searches on civil cases to determine whether the candidate has a history of liens, lawsuits, judgments, restraining orders, or other legal issues.
• Credit Checks: Popular in positions that involve managing finances, credit checks review a candidate’s credit history. Employers look for potentials that may arise from bankruptcies, credit history, collection accounts, or defaulted payments.
• Driving Records: Sometimes, an employer might want to review the job applicant’s driving record before onboarding. These checks usually occur for positions involving operating a vehicle or heavy machinery and assess a candidate’s motor vehicle record (MVR) through Minnesota driving records. Checks review license status and class and incidents that might be a threat to safety, such as accidents.
• Identity Verification: One of the most crucial background checks you can perform on a candidate is identity verification to ensure the candidate is who they claim to be. These checks review the candidate’s name, address, social security number, and birthdate. 
• Employment Verification: Verifying a job applicant’s employment history is an effective way to ensure the information they presented on their resume is accurate. These checks review previous employers, positions held, and dates of employment.
• Education Verification: To ensure the candidate’s skills listed on their resume are legitimate, employees may conduct education verification by searching school records. During this process, background checks verify details such as the candidate’s dates of attendance or degrees awarded.
• Predatory Offender Registration Checks: These types of checks are especially common in positions involving vulnerable groups, such as children, the elderly, or individuals with disabilities. The candidate’s information is run through the state database.
• Drug Tests: These tests are performed to reduce workplace liability by screening candidates for commonly abused illegal drugs, controlled substances, or alcohol. These tests typically involve 5-Panel or 10-Panel urinalysis. 
• Reference Checks: When applying for a position, candidates are typically asked to provide a list of personal or professional references. Ask all the right questions by hiring a background check professional to speak with your candidate’s references. 
• Social Media Checks: Due to the changing nature of digital footprints, you could conduct a social media screening. Use this to evaluate potentially concerning posts or content your job applicant has digitally uploaded.

No matter which service you are hiring for, Scoutlogic’s industry-tailoredbackground check services offer expertise to meet your trade-related needs. 

How Far Back Can a Background Check Go In Minnesota?

It might surprise you that there are limitations on how far back a background check can go. The historical data pulled from a background check might vary depending on the circumstances, including the types of screenings performed and regulations by consumer reporting agencies (CRAs).

The federal Fair Credit Reporting Act (FCRA) limits the lookback window CRAs can report to 7 years. This act applies only for a background check for positions of $75,000 or less. This limitation is set on:

• Accounts in collections
• Arrest records
• Civil suits
• Civil judgments
• Driving records (non-criminal)
• Tax Liens
• Other adverse information

There are, however, exceptions to the general 7-year rule. For example:

• Security Clearances or Government Positions: Certain jobs requiring government security clearance might have longer lookback windows.
• Credit Reports: For Chapter 13 bankruptcies, the lookback window extends to 10 years
• Salaries Above $75,000: The 7-year rule does not apply to positions where the salary exceeds $75,000.

How Long Does a Minnesota Background Check Take?

The time it takes to conduct a background check in Minnesota can vary. 

If you are only conducting a check on education credentials, employment history, or other basic checks, you can typically expect a report within a few days. 

Some checks, however, take longer. For example, criminal records, credit reports, and reference checks can take several weeks. Scoutlogic conducts timely background checks with total report speed in mind so you can qualify your candidate sooner. 

Minnesota Background Check Laws & Requirements

As mentioned, some positions require the use of background checks as regulated by the law, including:

• School Employees who work with children
• Fire department and police employees
• Those who work with vulnerable populations (such as children, the elderly, or those with disabilities)
• Private security officers
• Rental property landlords who enter their tenants’ residences

In addition, there are some rules and regulations you should be aware of regarding the background check process in Minnesota. These include federal legislation, such as the:

Fair Credit Reporting Act (FCRA) 

In the context of background checks, the Fair Credit Reporting Act (FCRA) protects individuals’ information from being used unfairly, inaccurately, or without their consent. There are several aspects of the FCRA that employers should keep in mind when conducting a background check. These aspects include:

• A Lookback window: As mentioned, the FCRA limits the lookback window on most background check information to 7 years. It’s important to note that this regulation has some exceptions, though. 
• A Pre-Adverse Action Process: If the background check reveals information that impacts your decision to hire a candidate, you must follow specific guidelines per the FCRA before making a final employment decision. This includes providing the applicant with a copy of the report and their rights and allowing them a certain period to dispute or correct inaccuracies. 
• An Adverse Action Process: In the case that you opt not to hire a candidate based on this information, you must submit certain documentation, such as the information of the background check agency, a statement that the agency was not the decision maker in the hiring process, and how to dispute the report. 
• Consent: the FCRA requires that prior to conducting a background check, candidates must be notified in writing that a background check will be performed and must give their written consent to proceed.

Title VII (Civil Rights Act) 

Title VII of the Civil Rights Act protects employees against workplace discrimination. In relation to background checks, the United States Equal Employment Opportunity Commission (EEOC) states that criminal convictions should be assessed individually to prevent discrimination. Assessments should include the nature of the offense, how long ago it occurred, and its relevance to the job so that background checks do not contribute to the disparate treatment of certain employees.

Regulations are also implemented at the state level. Ban the Box Laws, the Salary History Ban, and the Minnesota Clean Slate Act are just a few of the regulations that could impact the process of your background check. 

Ban the Box Law

The Ban the Box Law prohibits the use of background checks prior to the candidate receiving a conditional job offer, according to the Minnesota Department of Human Rights. 

Criminal background checks may only take place after the applicant has moved beyond the initial screening process (once they are chosen for an interview or have received a conditional offer). 

Plus, if the position involves a screening interview rather than a written application, employers are forbidden to ask about criminal history during that screening interview. This law also prohibits employers from basing adverse employment decisions on an applicant’s conviction history unrelated to the position. 

Salary History Ban

The Minnesota Department of Human Rights states that the Salary History Ban became effective on January 1, 2024. It prohibits you from asking job candidates in Minnesota about their salary history. If a candidate offers this information on their own, employers must not use it as a factor when making compensation decisions. It’s important to note that this law doesn’t apply in certain situations, such as when salary history information is publicly available under state or federal law.

Minnesota Clean Slate Act (HF 2023)

Employers should also be aware of a new regulation effective January 1, 2025. The state of Minnesota’s Clean Slate Act automatically clears certain individuals’ records through expungement, given that they have completed their sentence and remained crime-free during the designated waiting period. To be eligible for the Clean Slate Act, one must meet the following eligibility criteria:

• A 2-year waiting period for petty misdemeanors and most other misdemeanors (excluding violent crimes, sexual offenses, and some others)
• A 3-year waiting period for gross misdemeanors
• A 5-year waiting period for specific felonies

Final Thoughts

While conducting a background check, be sure to choose an organization familiar with state and federal regulations.ScoutLogic’s “Scouts” act more like an extension of your own team by working with you as a recruiter and familiarizing themselves with your candidates. ScoutLogic’s comprehensive background check services, backed by best-in-class data and vendors, can help you get the right candidate in the right position at a lower cost.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.