If you have a criminal record, finding a job can feel like climbing a mountain before you even get a foot in the door. The good news? Minnesota has some of the strongest protections in the country for job seekers in your situation — and as of 2025, those protections just got even stronger. Understanding your rights under Minnesota’s Ban the Box law can change the way you approach your job search and help you compete on an equal footing.
Starting January 1, 2014, Minnesota’s “Ban the Box” law (Minn. Stat. § 364.021) brought a significant shift in employment practices, aiming to level the playing field by prohibiting employers from inquiring about an applicant’s criminal history in the initial stages of the application process. The name comes from a checkbox that used to appear on job applications asking whether you had ever been convicted of a crime — a box that could get you screened out before you ever had a chance to show what you could do.
Minnesota’s Ban the Box law is designed to allow job candidates with a criminal record to be evaluated on their skills and experience before their criminal record can be considered. Put simply, your qualifications get to speak for themselves first.
What Does the Law Actually Require?
Minnesota’s statewide Ban the Box law applies to both public and private employers — importantly, companies with 15 or more employees must comply. Here’s what this means in practice:
- Minnesota law requires most employers to wait to ask about an applicant’s criminal record until after they’ve been selected for an interview or a conditional job offer has been extended. This means in most cases employers may not ask on an application form whether or not a person has ever been arrested or convicted of a crime.
- Employers may still conduct a criminal background check before hiring a job applicant, provided it occurs after the job applicant has been interviewed or had a conditional job offer extended.
- Employers who don’t follow the “Ban the Box” law could face fines ranging from $500 to $2,000, depending on the size of the employer.
If asked about your criminal history at the initial application stage, you are not required to answer the question. And if a violation happens, you can file a complaint with the Minnesota Department of Human Rights. You can also report violations online through the MDHR’s website at mn.gov/mdhr.
Big News for Minneapolis: Stronger Protections in 2025
If you live or work in Minneapolis, 2025 brought a major upgrade to your rights. On May 1, 2025, Minneapolis City Council passed several amendments to its civil rights ordinance. Among the most notable changes is the addition of “justice-impacted status” as a protected class in employment — defined as the state of having a criminal record or history, including any arrest, charge, conviction, period of incarceration, or past or current probationary status.
Effective August 1, 2025, employers who hire anyone whose services are partially or wholly performed in the City of Minneapolis are prohibited from basing an employment decision on an applicant’s justice-impacted status unless the employer can show that the decision is “reasonably based” on the relationship between the underlying criminal conduct and the ability and fitness required to perform the job.
The ordinance also specifies that an employer may not base an adverse employment decision on the fact of an arrest that did not result in a conviction. This is a significant step forward for people whose records include arrests that never led to a conviction.
Minnesota’s Clean Slate Act: Automatic Expungement Is Here
Alongside Ban the Box, an equally powerful law took effect in 2025 that could wipe your record clean — automatically, without you having to hire a lawyer or file any paperwork.
On January 1, 2025, Minnesota opened the door to brighter futures for an estimated 500,000 Minnesotans with the implementation of its Clean Slate law — a landmark policy that automates the sealing of eligible arrest or conviction records, giving hundreds of thousands of people a second chance.
Eligible offenses include petty misdemeanors, misdemeanors, and certain nonviolent felonies after a waiting period, provided the individual has not committed new offenses. More serious crimes, such as offenses requiring predatory offender registration, are not eligible for expungement.
The BCA began automatically expunging records in its Criminal History System on June 20, 2025. Once expunged, these records will no longer be reportable by Consumer Reporting Agencies or visible to most employers. You can check the status of your record through the Minnesota Bureau of Criminal Apprehension (BCA) at dps.mn.gov.
Expungement Doesn’t Mean Everything Disappears
Criminal justice agencies, law enforcement, and the departments of health and human services will still have access to expunged records. Additionally, employment and housing background checks performed in states besides Minnesota can still access records. It is also worth noting that only 5–6% of eligible individuals pursued expungement under previous petition-based systems due to complexity and costs — so this automatic process is a real game changer for most people.
What Employers Can Still Do
It is important to be realistic about what Ban the Box does and does not do. Minnesota law does not require private employers to hire or give preference to a person with a criminal record. During or after the interview stage, employers must conduct an individualized assessment considering: (1) the nature and gravity of the offense, (2) the time passed since conviction, and (3) the nature of the job sought.
Even with Minnesota’s “Ban the Box” protections, a criminal record can still lead to challenges — for example, employers may revoke a job offer after discovering a criminal history, particularly if they determine the offense conflicts with the responsibilities of the role. Knowing this in advance lets you prepare a thoughtful response about your record if the question comes up.
Local Resources to Help You Find Work
Knowing your rights is the first step. Getting the right support is the next. Here are some specific programs in the Twin Cities and across Minnesota:
- Minnesota CareerForce — CareerForce specialists can guide you through information about employer incentives like the Work Opportunity Tax Credit and Federal Bonding that can improve your chances of getting hired. You can contact CareerForce specialist Jeremiah Carter at 651-539-4121 or jeremiah.carter@state.mn.us. CareerForce has locations in Minneapolis, St. Paul, Rochester, Duluth, St. Cloud, and throughout the state.
Photo by Kampus Production on Pexels