A criminal record can significantly impact an individual’s employment opportunities, affecting their ability to secure a job and progress in their career.
Our state has enacted various laws to protect job applicants with criminal records, provide them rights, and offer avenues for sealing or expunging records. This post delves into these aspects, providing insights into how those with a criminal record can navigate the job market.
MN Laws Protecting Job Applicants with a Criminal Record
As mentioned above, Minnesota has created several protections for job seekers with criminal records to give them a better chance at securing employment. If you’ve been asked about your criminal history in violation of state law, you can file a complaint with The Minnesota Department of Human Rights. Some of these protections include:
“Ban the Box”
Our state was one of the early adopters of the “ban the box” law. This law and other state & federal protections prohibit employers from inquiring about criminal records on an employment application. The applicant first has to be selected for an interview or extended a conditional job offer before an employer can ask about any record they may have.
The intent is to prevent initial bias and allow every applicant to be judged based on their qualifications and experience. Employers who comply with this law are also protected – if the employer is sued in civil court based on the employee’s actions, the employee’s criminal history won’t be admissible.
Minnesota Human Rights Act
The Minnesota Human Rights Act prohibits discrimination in employment based on race, color, creed, religion, national origin, sex, marital status, disability, public assistance status, age, and sexual orientation.
While it does not specifically list criminal records, it indirectly offers some protection by promoting a fair hiring process.
Fair Chance Hiring Practices
Many cities, including Minneapolis and St. Paul, have additional fair chance hiring ordinances that build on the state’s “Ban the Box” law. These local laws may include additional restrictions on when and how employers can consider criminal records in their hiring decisions.
Rights of Individuals with a Criminal Record in Minnesota
Four specific rights help protect employment prospects and ensure a fair hiring process here.
Right to Fair Treatment:
- We touched on this above, but under the “Ban the Box” law, you can choose not to disclose criminal history on initial job applications. Employers must evaluate qualifications without the immediate bias of a criminal record.
Right to Explanation:
- If an employer intends to not hire based on the existence of a criminal record, the individual has the right to be informed of this decision. This is part of the adverse action process required by the Fair Credit Reporting Act (FCRA) if the employer uses a background check report to make their decision.
Right to Dispute:
- You have the right to dispute inaccuracies in your criminal record. If a background check reveals incorrect information, you can challenge the accuracy and request corrections.
- If someone believes they have been unfairly discriminated against due to their criminal record, they have the right to seek legal recourse. Specifically, they can file a complaint with the Minnesota Department of Human Rights or pursue a lawsuit against the employer.
Sealing or Expunging Your MN Criminal Record
One of the most effective ways to improve employment opportunities is to have records sealed or expunged with the help of an experienced attorney.
Expungement is the legal process of sealing or destroying a criminal conviction record. In our state, expungement can help by removing barriers to employment, housing, and other opportunities. Once a record is expunged, it is not accessible to the public or most employers.
Eligibility depends on several factors, including the type of offense, the amount of time since the conviction, and whether you have been convicted of other crimes since then. Certain offenses, such as violent crimes, may not be eligible for expungement.
The process of expungement involves filing a petition with the court, notifying relevant parties (such as the prosecutor’s office), and attending a court hearing. The judge will consider various factors, including the severity of the offense, the individual’s rehabilitation efforts, and the potential benefits of expungement.
Expungement can significantly enhance employment opportunities, as job seekers can legally state that they do not have a criminal record. This can remove the stigma associated with past convictions and provide a fresh start.
Minnesotans: Get Help Leveraging Your Protections
The impact of a criminal record on employment opportunities in Minnesota is profound. Many state and federal statutes and regulations still limit or prohibit people convicted of crimes from accessing various rights, benefits, and opportunities.
However, state laws, individual rights, and the possibility of expungement provide avenues for mitigating these barriers. Individuals with a criminal record can secure meaningful employment by understanding and leveraging protections.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and has been named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, and Super Lawyers.
