Minnesota Clean Slate Law: What Employers Need to Know for 2025

Effective January 1, 2025, Minnesota's Clean Slate Law introduces new expungement rules that will impact hiring practices. Employers must update their policies to comply with this law and ensure fair treatment of job applicants with qualifying criminal records.

The law mandates the sealing of certain criminal records—both misdemeanors and felonies—after a set period of good behavior. These expunged records will no longer appear in standard background checks, creating significant implications for hiring processes. Here's what employers need to know to stay compliant.

What is the Minnesota Clean Slate Law?

Minnesota's Clean Slate Law, enacted in 2023, mirrors similar legislation passed in states like California, Delaware, and New Jersey. This "second chance" law allows individuals with qualifying criminal histories to have their records expunged, provided they meet certain conditions.

Eligibility Criteria:

• Misdemeanors: Expungement after two years of a clean record.
• Felonies: Expungement after five years of a clean record.
• Arrests not resulting in convictions and cases resolved through completed diversion programs are also eligible.

Exclusions:

• Records related to sexual crimes, violent crimes, DWIs, and crimes against children remain ineligible for expungement and will still appear on background checks.

While these records will be sealed from public access and private-sector background checks, law enforcement and specific state agencies, such as those hiring teachers, can still access them.

How Does the Law Impact Employers?

The Minnesota Clean Slate Law significantly changes the way employers handle background checks and hiring practices:

• Sealed Records: Employers will no longer see expunged records for qualifying misdemeanors and felonies during background checks. However, records related to violent crimes, DWIs, and similar offenses will remain visible.
  
  
• Restrictions on Use: Employers are prohibited from using expunged records in hiring decisions. If an employer obtains and uses such a record—whether through a background check or other means—they may face penalties, including fines.
  
  
• Ban-the-Box Compliance: Minnesota already prohibits questions about criminal history on job applications. Employers may only inquire about criminal history during interviews or after making a conditional job offer.

Compliance Tips for Employers

Employers should consider the following steps to comply with this law’s January 1st implementation:

• Update Policies: Revise background check assessment procedures to review crimes eligible for expungement starting January 1, 2025.
• Educate Teams: Train HR staff and hiring managers on the Clean Slate Law and its implications.
• Partner Strategically: Work with trusted background check providers familiar with Minnesota’s expungement laws.
• Monitor the Rollout: Understand that expungements will occur as a rolling process and may not be immediate. Verify any flagged records to avoid compliance issues.

Broader Implications for Employment in Minnesota

The Minnesota Clean Slate Law aligns with the growing consensus that non-violent criminal convictions shouldn’t hinder individuals who have demonstrated good behavior from achieving employment opportunities. By providing a fresh start, the law allows employers to engage in more equitable hiring practices while maintaining workplace safety.

It’s worth noting that the law does not compromise safety. Employers will still have access to records of violent crimes, DWIs, and crimes against children, ensuring they can make informed decisions to protect their teams and clients.

Conclusion

Minnesota's Clean Slate Law took effect on January 1, 2025, giving eligible individuals the chance to move forward without the burden of certain past offenses. Employers must revise their background check policies and ensure their hiring practices comply with the new requirements.

To learn more about criminal background check compliance in Minnesota or other states, connect with The Orsus Group today. We specialize in navigating hiring laws to help businesses maintain compliance and fairness.