Looking for work with a criminal record on your file can feel like an uphill climb before you even get an interview. Minnesota lawmakers recognized that problem and passed one of the strongest Ban the Box laws in the country — a rule that keeps employers from screening people out based on their criminal history before they’ve even had a chance to show what they can do. Here’s what the law actually says, who it covers, and how to use it if you’re job hunting with a record.
What Is Minnesota’s Ban the Box Law?
Minnesota’s Ban the Box law makes it illegal for most employers to ask about your criminal history on an initial job application, or to run a background check before you’ve had a real chance to be considered on your merits. According to the Minnesota Department of Human Rights (MDHR), employers must wait until after you’ve been selected for an interview — or, if there’s no interview, until after a conditional job offer has been made — before asking about or checking your criminal record. The goal is simple: let your skills and experience get you in the door first.
Who Is Covered?
Ban the Box applies broadly across Minnesota. Public employers have been covered since 2009, and the law was expanded to private employers statewide in 2013, making it one of the more far-reaching versions of this policy nationally. It applies to essentially all Minnesota employers, public and private, and even covers out-of-state companies hiring for positions based in Minnesota.
What Employers Can — and Can’t — Do
- Employers cannot ask about criminal history anywhere on the initial job application.
- Employers cannot run a background check before an interview is offered, or before a conditional job offer if no interview is conducted.
- Employers can ask about and consider your criminal record once you’ve been selected for an interview or given a conditional offer.
- Employers can still decline to hire you based on a relevant criminal record after that point, within the limits of state and federal law.
Exceptions to the Law
Ban the Box isn’t absolute. Under Minnesota law, certain jobs require a criminal background check as a matter of course, and the law does not block those checks. Examples include:
- Teachers and school employees
- School bus drivers
- Apartment managers and certain housing-related positions
- Any position where an employer has a separate statutory duty to check an applicant’s criminal history
If you’re applying for one of these roles, expect a background check to be part of the process, even early on.
What to Do If an Employer Breaks the Law
If an employer asks about your criminal record too early in the process, you have options. The Minnesota Department of Human Rights accepts complaints about Ban the Box violations through its online intake form, or by email at BanTheBox.MDHR@state.mn.us. Employers found in violation can face fines ranging from roughly $500 to $2,000, depending on the size of the business.
- Note the employer’s name, the date, and exactly what was asked.
- Keep a copy of the job application or posting if you can.
- File a complaint with MDHR using the online form or by email.
Tips for Job Seekers With a Record
Knowing the law is only part of the picture. Here’s how to put it to work for you:
- Focus your application on your skills and experience — the law is designed to let that speak first.
- Prepare a short, honest explanation of your record in case it comes up after an interview or offer, rather than being caught off guard.
- Research whether the specific job falls under one of the background-check exceptions before you apply, so there are no surprises.
- Connect with local reentry and workforce programs that specialize in helping people with records find employers who are ready to hire.
Where to Go From Here
A criminal record shouldn’t be a life sentence when it comes to earning a living, and Minnesota’s Ban the Box law exists to give job seekers a fairer shot. If you’re rebuilding after involvement with the justice system, Hues Hope can help connect you with employment resources, legal services, and housing resources to help you get back on your feet.
The Bottom Line
Ban the Box gives Minnesota job seekers with a criminal record a genuine opportunity to be judged on their qualifications first. Know your rights, keep records of any violations you encounter, and don’t be afraid to apply — the law is on your side until an employer has a legitimate reason to ask about your past.