The caliber and accuracy of the Minnesota background check that you rely on will determine how well-equipped you are as an employer to guarantee that your business is hiring knowledgeable, trustworthy, verified, and secure personnel. Additionally, when conducting and using Minnesota employment background checks for potential hires, you must abide by all applicable laws and regulations.
Background lookups in Minnesota can give employers information about a candidate’s criminal, credit, employment, and educational history, which can help them make better hiring decisions. Employers frequently conduct background checks that are tailored to the position; for instance, they might check a candidate’s credit history for a position in finance or their driving history for a delivery job.
In Minnesota, some employers are compelled to run background checks on workers for particular positions. Firefighters, police officers, and private security guards are some examples. Employees in Minnesota’s public schools who will regularly interact with children must submit to background checks. Workers who provide care, treatment, education, training, instruction, or recreation services may also be the subject of background checks by organizations that provide services for children.
Like all states, Minnesota requires nonprofit organizations that receive grants from the Corporation for National and Community Service to conduct state and federal criminal background checks on all employees who will work with vulnerable people, such as the elderly, the disabled, or children, as well as a search of the predatory offender database.
Employers in Minnesota have two options for conducting employment background checks: they can get in touch with state, local, educational institutions, and former employers directly, or they can hire a consumer reporting agency (CRA) such as goodhire, iprospectcheck, backgroundchecks.
In Minnesota, employment background checks are frequently performed on:
- Criminal background checks are performed to look up a candidate’s criminal history in federal, state, local, and national databases.
- Civil court checks to look up lawsuits, bankruptcies, foreclosures, restraining orders, civil domestic violence, and more in federal, upper, and lower civil courts.
- Credit checks are performed to examine a candidate’s credit history and may include information on collections, bankruptcies, and foreclosures. These checks may be especially important for positions handling finances.
- For jobs requiring the operation of vehicles or machinery, driving record checks are performed to look up a candidate’s license status and any traffic infractions in state motor vehicle records.
- Verifying employment to ensure that a candidate’s claimed work history is true.
- Verification of education is used to confirm educational institutions, enrollment dates, and the degrees and certifications attained.
- Use the Minnesota Predatory Offender Registration Check to look up predatory offenders in the state’s database, especially if you’re applying for jobs working with children or the elderly.
Minnesota Employment Background Check Laws
What sources of information can be accessed and used for background checks on potential employees in Minnesota depends on federal, state, and local laws on the matter. Failure to abide by these limitations may subject you to legal action brought by a job applicant as well as other consequences.
The most important laws and rules Minnesota employers should be aware of when using a consumer reporting agency to complete the background check process are listed below.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act (FCRA) places limitations on the data you can obtain and use to make hiring decisions about job applicants, who are referred to as consumers under the act.
For positions with an anticipated salary of at least $75,000, the restrictions do not apply.
Negative information about a candidate, such as civil lawsuits, bankruptcies, judgment liens, criminal arrest records, and financial accounts in collection status, generally cannot be reported if they occurred more than seven years ago. However, there is no time limit on how long a candidate’s criminal history can be researched.
The FCRA also mandates that employers alert potential employees in advance that a background check will be conducted on them. Before conducting a background check yourself or through a third-party screening company, you should get the applicant’s permission.
Minnesota State Laws on Background Checks for Jobs
The state of Minnesota has implemented ban the box rules on employment background checks, making it illegal to initially disqualify applicants based solely on their criminal histories. These limitations have been in place for private employers in the state since 2014.
Minnesota law prohibits conducting criminal background checks on job applicants until at least after the applicant has been interviewed and determined to be qualified for the position.
However, if your business hires staff who work closely with children, you may be required by Minnesota law to perform employment background checks.
Minnesota Local Laws Additional to Background Checks for Employment
You must be sure to abide by any local background screening laws in addition to the ban the box rule and any other restrictions that may apply to Minnesota criminal background checks.
These local laws may be stricter than the general Minnesota ban the box provisions, depending on the jurisdiction in which you reside.
For instance, the City of St. Paul and the City of Minneapolis mandate that public sector employers adhere to extra notification procedures for a candidate who was rejected for employment or a professional license due to their criminal history, including informing them of the grievance and reapplication procedure.
Information on a Minnesota Background Check
Minnesota background checks can be as thorough as the screening company’s resources and capacity allow in terms of gathering pertinent data on job applicants. Criminal history, past employment verification, educational verification, professional credentials, social media activity, and credit checks are the most frequently requested pieces of information in an employment background check.
Additionally, Minnesota Court Records Online (MCRO) permits statewide searches of criminal court records, including county records, in the state of Minnesota.
Observing these tips on a Minnesota background check will not only help you achieve quick results but also avoid contravening state laws concerning background checks. Try them and find out more on the person of interest.