Working With A Record
Minn. Stat. 364.021 — no criminal record question until the interview, or until a conditional offer
The timing. A public or private employer may not inquire into, 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 of employment is made.
Exceptions. The rule does not apply to the Department of Corrections or to employers with a statutory duty to check criminal history, and an employer may tell applicants that law or its policy disqualifies people with a particular history from particular positions.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 364.021 — Public and private employment; consideration of criminal records
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.