HF 3990
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/25/2026 12:59 p.m.
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A bill for an act
relating to state government; changing provisions for employment or occupation
due to conviction of a crime; amending Minnesota Statutes 2024, sections 364.03,
subdivision 3; 364.05.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 364.03, subdivision 3, is amended to read:
Subd. 3.
Evidence of rehabilitation.
(a) A person who has been convicted of a crime
or crimes which directly relate to the public employment sought or to the occupation for
which a license is sought deleted text begin shalldeleted text end new text begin maynew text end not be disqualified from the employment or occupation
if the person can shownew text begin bothnew text end competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the public employment sought or the occupation for which
the license is sought.
new text begin (b) In determining whether the person has demonstratednew text end competent evidence of sufficient
rehabilitationnew text begin and present fitness, the licensing or hiring authoritynew text end may deleted text begin be established by
the production ofdeleted text end new text begin consider the following when making a determination:
new text end
new text begin (1)new text end the person's most recent certified copy of a United States Department of Defense
form DD-214 showing the person's honorable discharge, or separation under honorable
conditions, from the United States armed forces for military service rendered following
conviction for any crime that would otherwise disqualify the person from the public
employment sought or the occupation for which the license is soughtdeleted text begin , or:deleted text end new text begin ;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end a copy of the local, state, or federal release orderdeleted text begin ;deleted text end and
deleted text begin (2)deleted text end evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; deleted text begin or
deleted text end
(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervisiondeleted text begin .deleted text end new text begin ;
new text end
deleted text begin
(b) In addition to the documentary evidence presented, the licensing or hiring authority
shall consider any evidence presented by the applicant regarding:
deleted text end
new text begin
(4) evidence regarding:
new text end
deleted text begin (1)deleted text end new text begin (i)new text end the nature and seriousness of the crime or crimes for which convicted;
deleted text begin (2)deleted text end new text begin (ii)new text end all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the crime or crimes;
deleted text begin (3)deleted text end new text begin (iii)new text end the age of the person at the time the crime or crimes were committed;new text begin and
new text end
deleted text begin (4)deleted text end new text begin (iv)new text end the length of time elapsed since the crime or crimes were committed; and
(5) all other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional institution.
(c) The certified copy of a person's United States Department of Defense form DD-214
showing the person's honorable discharge or separation under honorable conditions from
the United States armed forces ceases to qualify as competent evidence of sufficient
rehabilitation for purposes of this section upon the person's conviction for any gross
misdemeanor or felony committed by the person subsequent to the effective date of that
honorable discharge or separation from military service.
Sec. 2.
Minnesota Statutes 2024, section 364.05, is amended to read:
364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR
DISQUALIFICATION FROM OCCUPATION.
If a hiring or licensing authority denies an individual a position of public employment
or disqualifies the individual from pursuing, practicing, or engaging in any occupation for
which a license is required, solely or in part because of the individual's prior conviction of
a crime, the hiring or licensing authority shall notify the individual in writing of the following:
(1) the grounds and reasons for the denial or disqualification;
(2) the applicable complaint and grievance procedure as set forth in section 364.06;
(3) the earliest date the person may reapply for a position of public employment or a
licensenew text begin with a hiring or licensing authoritynew text end ; and
(4) that all competent evidence of rehabilitation presentednew text begin upon reapplicationnew text end will be
considered deleted text begin upon reapplicationdeleted text end .