At-a-Glance Compliance Overview

State Mini-FCRA Laws

Minnesota does not maintain a comprehensive mini-FCRA, but it does impose a state-specific disclosure requirement.

Relevant statute:

Minn. Stat. §13C.02

Employers may not obtain a consumer report for employment purposes unless:

• the applicant is clearly informed that a report may be obtained
• the applicant is given an opportunity to request a copy

Employers must also comply with all federal FCRA requirements.

Criminal Record Reporting Rules

Minnesota does not impose state-specific reporting limits on criminal convictions.

Convictions

Convictions may generally be reported without time limitation under FCRA §605(a)(5), unless sealed or expunged.

Non-Convictions

Non-conviction information is limited to 7 years under federal FCRA.

Minnesota regulates record access through expungement and sealing, not reporting limits.

Record Sealing / Expungement

Minnesota provides both petition-based and automatic record sealing.

Petition-Based Expungement

Minn. Stat. Chapter 609A

Allows individuals to petition to seal:

• non-convictions
• certain misdemeanor convictions
• certain non-violent felony convictions

Key Impact

• sealed records are generally unavailable to employers
• background checks will show less information over time
• employers must ensure vendors suppress sealed records

Clean Slate Automatic Sealing

Minn. Stat. §609A.015

Provides automatic sealing of eligible records after waiting periods

Fair Chance / Ban-the-Box Law

Minnesota applies ban-the-box to both public and private employers.

Relevant statute:

Minn. Stat. §364.021

Criminal History Inquiry Timing

Employers may not inquire into criminal history until:

• the applicant is selected for an interview, or
• if no interview occurs, a conditional offer is made

Credit Check Rules

Minnesota does not impose broad restrictions on credit checks.

Employers must:

• comply with FCRA
• comply with Minn. Stat. §13C.02 disclosure requirements

Credit use should remain:

• job-related
• consistent with anti-discrimination laws

Cannabis Use and Drug Testing Rules

Minnesota is a high-complexity cannabis testing jurisdiction. The primary governing law is the Drug and Alcohol Testing in the Workplace Act (DATWA).

Relevant statutes:

Minn. Stat. §§181.950–181.957
Minn. Stat. §342.57 (medical cannabis protections)

Cannabis and Drug Testing Rules

Minnesota is a high-complexity cannabis testing jurisdiction. The primary governing law is the Drug and Alcohol Testing in the Workplace Act (DATWA).

Relevant statutes:

Minn. Stat. §§181.950–181.957
Minn. Stat. §342.57 (medical cannabis protections)

Core Framework

Minnesota law separates cannabis from traditional drug testing.

• cannabis is excluded from the statutory definition of “drug”
• cannabis testing is regulated separately

Employers may not conduct testing arbitrarily and must follow a written testing policy.

Pre-Employment Testing Restrictions

Employers generally may not:

• require cannabis testing as a condition of employment
• refuse to hire based solely on a positive cannabis test

unless testing is required by:

• state law
• federal law

Permitted Cannabis Testing

Employers may conduct cannabis testing in limited circumstances:

• reasonable suspicion of impairment
• treatment or rehabilitation programs
• random testing for safety-sensitive positions
• where required by law

Safety-Sensitive and Regulated Roles

Cannabis may be treated as a “drug” and tested more broadly for:

• safety-sensitive positions
• peace officers and firefighters
• roles involving care or supervision of children, vulnerable adults, or patients
• CDL and federally regulated positions
• federally funded roles
• positions requiring testing under state or federal law

Medical Cannabis Protections

Employers may not discriminate based on:

• medical cannabis registry status
• a positive cannabis test

unless the employee:

• used or was impaired at work
• possessed cannabis at work
• violated workplace policies related to safety

Pay Equity and Salary History Rules

Minnesota now regulates compensation practices during hiring through both a salary history ban and pay transparency requirements.

Salary History Ban

Effective January 1, 2024

Employers may not:

• ask about past compensation
• rely on wage history in setting pay

Pay Transparency Requirements

Effective January 1, 2025

Employers with 30 or more employees must include in job postings:

• salary range
• general description of benefits and compensation

Local Fair Chance or Screening Ordinances

Minneapolis provides an additional civil rights overlay.

• “justice-impacted status” is treated as a protected characteristic
• employers must evaluate criminal history carefully

This affects how decisions are made, not just when inquiries occur.

Record Sealing / Clean Slate Laws

Minnesota allows criminal records to be sealed through both petition-based and automatic expungement.

Petition-based expungement is governed by Minn. Stat. Chapter 609A, which allows individuals to petition a court to seal certain criminal records after meeting statutory waiting periods.

Minnesota’s Clean Slate law also allows automatic expungement of certain records under Minn. Stat. §609A.015 once eligibility conditions are met.

These laws can significantly affect employment background checks because sealed or expunged records generally may not appear in standard consumer reports.

Key Statutes

• Ban-the-Box — Minn. Stat. §364.021
• Consumer Report Disclosure — Minn. Stat. §13C.02
• Expungement — Minn. Stat. Chapter 609A
• Clean Slate — Minn. Stat. §609A.015
• Drug Testing (DATWA) — Minn. Stat. §§181.950–181.957
• Medical Cannabis — Minn. Stat. §342.57

Employer Compliance Checklist

Employers conducting background checks in Minnesota should implement several compliance practices.

Remove criminal history questions from initial applications.

Delay criminal history inquiries until the appropriate stage.

Ensure expunged and automatically sealed records are excluded from reports.

Comply with both FCRA and Minnesota disclosure requirements.

Update drug testing policies to reflect cannabis-specific restrictions.

Limit cannabis testing to permitted scenarios and roles.

Identify safety-sensitive positions carefully.

Remove salary history questions from hiring workflows.

Include pay ranges and benefits in job postings where required.

Account for Minneapolis civil rights protections when evaluating criminal history.